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.