1-1     By:  Hamric (Senate Sponsor - Brown)                  H.B. No. 2265
 1-2           (In the Senate - Received from the House May 3, 1999;
 1-3     May 3, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the Harris County Road Law; providing a civil penalty.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 1-A, Chapter 17, Special Laws, Acts of
1-11     the 33rd Legislature, Regular Session, 1913, as added by Chapter
1-12     801, Acts of the 68th Legislature, Regular Session, 1983, is
1-13     amended to read as follows:
1-14           Sec. 1-A.  The Commissioners' Court of Harris County may
1-15     prohibit the discharge of sewage and municipal, recreational,
1-16     agricultural, or industrial waste into drainage ditches in the
1-17     rights-of-way of county roads when such waste is not being
1-18     discharged in accordance with a permit issued by the Texas Natural
1-19     Resource Conservation Commission [Department of Water Resources].
1-20     The court may adopt rules to administer this section.
1-21           SECTION 2.  Section 2, Chapter 17, Special Laws, Acts of the
1-22     33rd Legislature, Regular Session, 1913, as amended by Section 2,
1-23     Chapter 801, Acts of the 68th Legislature, Regular Session, 1983,
1-24     is amended to read as follows:
1-25           Sec. 2.   (a)  Subject to the provisions of this Act, the
1-26     Commissioners' Court of Harris County shall have the power and
1-27     right to adopt such rules and regulations for:
1-28                 (1)  the proper construction and maintenance of its
1-29     roads, bridges, and drainage as it may see proper;
1-30                 (2)  the construction and maintenance of driveways,
1-31     culverts, bridges, and other structures within the county road
1-32     right-of-way to provide access to and from the traveled portion of
1-33     the road to property adjoining such road which may include [but
1-34     shall not be limited to] the following:
1-35                       (A) [(a)]  to require any individual or entity to
1-36     give notice to Harris County prior to the placement, removal, or
1-37     relocation of driveways, culverts, bridges, and other structures
1-38     within the county road right-of-way; or
1-39                       (B) [(b)]  to set requirements for the size,
1-40     type, and location of such driveways, culverts, bridges, and other
1-41     structures within the county road right-of-way;
1-42                 (3)  the laying, constructing, maintaining, and
1-43     repairing of pipelines, lines, mains, cables, or other public
1-44     utility facilities in, under, along, across, or [and/or] over the
1-45     county road right-of-way by any individual or entity authorized to
1-46     do so by law, which may include [but shall not be limited to] the
1-47     following:
1-48                       (A) [(a)]  to require notice to Harris County
1-49     prior to the laying, constructing, maintaining, or repair of said
1-50     pipelines, lines, mains, cables, or other public utility facilities
1-51     within the county road right-of-way; or
1-52                       (B) [(b)]  to set minimum requirements and
1-53     conditions for such laying, constructing, maintaining, and
1-54     repairing of such pipelines, lines, mains, cables, or other public
1-55     utility facilities in, under, across, or [and/or] along such county
1-56     road right-of-way;
1-57                 (4)  the drainage of land into a road, road
1-58     right-of-way, or appurtenant drainage facility; and
1-59                 (5)  the collection of reasonable fees set by the
1-60     Commissioners' Court from any person or entity required by such
1-61     rules and regulations to give notice to Harris County.
1-62           (b)  Fees collected under Subsection (a)(5) of this section
1-63     may [Such fees shall] be used only to defray the expense of
1-64     administration of such rules and regulations promulgated by the
 2-1     Commissioners' Court.
 2-2           (c)  The Commissioners' Court shall further have the power
 2-3     [from time to time] to add to, alter, repeal, or amend said rules
 2-4     and regulations.
 2-5           (d)  Any person who shall violate any provisions of any rules
 2-6     or regulations adopted by Commissioners' Court pursuant to this
 2-7     section shall be guilty of a Class C misdemeanor [and shall upon
 2-8     conviction be punished by a fine not to exceed Two Hundred Dollars
 2-9     ($200.00)].
2-10           (e)  A county may institute a civil suit in district court
2-11     against a person who violates a rule or regulation adopted by the
2-12     commissioners court under this section.  On a finding that the
2-13     person has violated, is violating, or is threatening to violate the
2-14     rule or regulation, the court may:
2-15                 (1)  grant injunctive relief to restrain the person
2-16     from engaging in or continuing the violation;
2-17                 (2)  impose a civil penalty payable to the county of
2-18     not more than $200; or
2-19                 (3)  grant the injunctive relief and impose the civil
2-20     penalty.
2-21           (f)  When [Provided, that at any meeting when] such rules and
2-22     regulations are adopted, amended, or repealed, there shall be
2-23     present at least three commissioners and the county judge.  If
2-24     [Provided, however, if] two of the commissioners are absent from a
2-25     [shall fail or refuse to attend any] regular weekly meeting of the
2-26     Commissioners' Court for as long as two days in succession, then
2-27     upon the third day the Commissioners' Court may, two commissioners
2-28     and the county judge being present, [proceed to] act on any matter
2-29     covered by this section[, in like manner] as if three members and
2-30     the county judge were present[, as hereinbefore provided].
2-31           SECTION 3.  Section 3, Chapter 17, Special Laws, Acts of the
2-32     33rd Legislature, Regular Session, 1913, is amended to read as
2-33     follows:
2-34           Sec. 3.  Whenever any rules, regulations or course of
2-35     procedure in connection with the construction or maintenance of the
2-36     roads, bridges, and drains of Harris county have been adopted, they
2-37     shall thereupon be reduced to writing, approved by the county judge
2-38     and recorded by the clerk in the minutes of the commissioners'
2-39     court, and shall thereafter be binding [upon each commissioner, and
2-40     upon all persons employed under the commissioners' court, in
2-41     accordance with this Act; provided, that whenever such rules or
2-42     amendments are adopted, they shall be published at least once in a
2-43     newspaper of general circulation, the rate to be paid to be as now
2-44     fixed by law for legal publications].
2-45           SECTION 4.  Section 32, Chapter 17, Special Laws, Acts of the
2-46     33rd Legislature, Regular Session, 1913, is amended to read as
2-47     follows:
2-48           Sec. 32.  It shall be unlawful for any member of said
2-49     commissioners' court, or for any county officer of Harris county,
2-50     to be or become financially interested, directly or indirectly in
2-51     any contract with said county, for road work, or for the purchase
2-52     or sale of any material or supplies of any character, or in any
2-53     transaction whatever in connection with any of the business of said
2-54     county, excepting only his own salary, fee, or per diem.  If any
2-55     such county commissioner, or such county officer, shall willfully
2-56     violate any of the foregoing provisions of this Section, he shall
2-57     be deemed guilty of malfeasance in office, and upon conviction
2-58     thereof, shall be punished by a fine of not less than $500 [five
2-59     hundred ($500.00) dollars], nor more than $1,000 [one thousand
2-60     ($1,000.00) dollars], or by imprisonment, in the county jail of
2-61     said county, for not more than one year, or by both such fines and
2-62     imprisonment; and in addition thereto, shall be forthwith removed
2-63     from office[; provided, that the county judge shall receive as
2-64     ex-officio compensation not more than three thousand ($3,000.00)
2-65     dollars per annum, to be fixed by the court, and shall receive no
2-66     per diem].
2-67           SECTION 5.  The following laws are repealed:
2-68                 (1)  Section 5-a, Chapter 17, Special Laws, Acts of the
2-69     33rd Legislature, Regular Session, 1913, as added by Chapter 205,
 3-1     Acts of the 50th Legislature, Regular Session, 1947; and
 3-2                 (2)  Section 28-b, Chapter 17, Special Laws, Acts of
 3-3     the 33rd Legislature, Regular Session, 1913, as added by Chapter
 3-4     15, Special Laws, Acts of the 42nd Legislature, Regular Session,
 3-5     1931.
 3-6           SECTION 6.  This Act takes effect September 1, 1999.
 3-7           SECTION 7.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.
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