SRC-SEW H.B. 617 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 617
77R2967 PAM-DBy: Puente (Madla)
Intergovernmental Relations
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Frequently, the only course of action citizens are able to take when health
and safety ordinances are violated in their neighborhoods is to contact the
department or agency in their city charged with enforcing code compliance.
City officials may then to take a significant amount of time to respond to
a complaint.  H.B. 617 provides for the establishment of a program for
neighborhood association volunteers to help enforce certain municipal
ordinances and for the training of volunteers, and sets limits on the
authority of the volunteers.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 54B, Local Government Code, by adding Section
54.020, as follows: 

Sec. 54.020.  USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT OF CERTAIN
ORDINANCES.  (a) Defines "neighborhood association" under this section.   

(b) Authorizes a municipality to institute a program to use volunteers from
a neighborhood association to help enforce certain municipal health and
safety ordinances in the association's neighborhood.  Authorizes the health
and safety ordinances included in the program to only be those for which a
violation can be observed without entering the property at which the
violation occurs.  Prohibits the program from including any health or
safety ordinance that relates to the National Electrical Safety Code (NESC)
or to the operations of a utility.  

(c) Requires the municipality to establish a training program for the
volunteers that includes instruction on certain topics. 

(d) Authorizes a person trained under Subsection (c) who observes a
suspected violation of an ordinance covered by the program to inform
certain persons or agencies. 

(e) Provides that a person trained under Subsection (c) is not a peace
officer and has no authority other than the authority applicable to a
citizen to enforce a law other than this section.  Prohibits a person
training under Subsection (c) from carrying a weapon while performing
activities under this section.  

(f)  Authorizes the municipality by ordinance to provide that the notice of
violation served on the owner and a person residing on the property under
Subsection (d) is considered the first warning of a violation of a
municipal ordinance.  

(g)  Provides that a person trained under Subsection (c) is not entitled to
compensation  or indemnification.   

(h)  Provides that the municipality and the state are not liable for any
damage arising from an act or omission of a person trained under Subsection
(c) in engaging in an activity under this section.  

(i)  Provides that a person trained under Subsection (c) who under this
section makes more than one complaint to the municipality of a violation of
an ordinance against the same owner of property is liable to the owner if a
court determines the person acted in bad faith in making the complaints.  

(j)  Provides that, for purposes of Subsection (i), liability is limited to
all attorney's fees and reasonable costs  incurred by the owner in the
court action and in establishing to the satisfaction of the municipality
that no violation occurred; and provides that it is a rebuttable
presumption that the person acted in bad faith if the municipality has
found three or more complaints brought by the person during a six-month
period to be invalid.  

SECTION 2.  Effective date: upon passage or September 1, 2001.