By Puente H.B. No. 617 77R2967 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of neighborhood associations in the enforcement 1-3 of certain municipal health and safety ordinances. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 54, Local Government Code, 1-6 is amended by adding Section 54.020 to read as follows: 1-7 Sec. 54.020. USE OF NEIGHBORHOOD ASSOCIATIONS IN ENFORCEMENT 1-8 OF CERTAIN ORDINANCES. (a) In this section, "neighborhood 1-9 association" means an association that is dedicated to the 1-10 improvement or upkeep of a defined residential area in a 1-11 municipality and that is registered by the municipality. 1-12 (b) A municipality may institute a program to use volunteers 1-13 from a neighborhood association to help enforce certain municipal 1-14 health and safety ordinances in the association's neighborhood. 1-15 The health and safety ordinances included in the program may only 1-16 be those for which a violation can be observed without entering the 1-17 property at which the violation occurs. The program may not 1-18 include any health or safety ordinance that relates to the National 1-19 Electrical Safety Code (NESC) or to the operations of a utility. 1-20 (c) The municipality shall establish a training program for 1-21 the volunteers. The training must include instruction on: 1-22 (1) which ordinances are covered by the volunteer 1-23 enforcement program; and 1-24 (2) whether and how a volunteer should inform a 2-1 property owner or resident of an alleged violation. 2-2 (d) A person trained under Subsection (c) who observes a 2-3 suspected violation of an ordinance covered by the program may 2-4 inform: 2-5 (1) the owner of the property and a person residing on 2-6 the property at which the alleged violation occurs; or 2-7 (2) the appropriate agency of the municipality. 2-8 (e) A person trained under Subsection (c): 2-9 (1) is not a peace officer; 2-10 (2) has no authority other than the authority 2-11 applicable to a citizen to enforce a law other than this section; 2-12 and 2-13 (3) may not carry a weapon while performing activities 2-14 under this section. 2-15 (f) The municipality by ordinance may provide that the 2-16 notice of violation served on the owner and a person residing on 2-17 the property under Subsection (d) is considered the first warning 2-18 of a violation of a municipal ordinance. 2-19 (g) A person trained under Subsection (c) is not entitled 2-20 to: 2-21 (1) compensation for engaging in an activity under 2-22 this section; or 2-23 (2) indemnification from the municipality or the state 2-24 for: 2-25 (A) injury or property damage the person 2-26 sustains in engaging in an activity under this section; or 2-27 (B) liability the person incurs in engaging in 3-1 an activity under this section. 3-2 (h) The municipality and the state are not liable for any 3-3 damage arising from an act or omission of a person trained under 3-4 Subsection (c) in engaging in an activity under this section. 3-5 (i) A person trained under Subsection (c) who under this 3-6 section makes more than one complaint to the municipality of a 3-7 violation of an ordinance against the same owner of property is 3-8 liable to the owner if a court determines the person acted in bad 3-9 faith in making the complaints. 3-10 (j) For purposes of Subsection (i): 3-11 (1) liability is limited to all attorney's fees and 3-12 reasonable costs incurred by the owner in the court action and in 3-13 establishing to the satisfaction of the municipality that no 3-14 violation occurred; and 3-15 (2) it is a rebuttable presumption that the person 3-16 acted in bad faith if the municipality has found three or more 3-17 complaints brought by the person during a six-month period to be 3-18 invalid. 3-19 SECTION 2. This Act takes effect immediately if it receives 3-20 a vote of two-thirds of all the members elected to each house, as 3-21 provided by Section 39, Article III, Texas Constitution. If this 3-22 Act does not receive the vote necessary for immediate effect, this 3-23 Act takes effect September 1, 2001.