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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of county subdivision regulations |
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prohibiting more than one residential dwelling on each subdivision |
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lot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.352, Water Code, is amended to read as |
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follows: |
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Sec. 16.352. ENFORCEMENT OF RULES. (a) A person who |
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violates a rule adopted by a municipality or county under this |
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subchapter or under Subchapter B or C, Chapter 232, Local |
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Government Code, is liable to the municipality or county for a civil |
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penalty of not less than $500 and not more than $1,000 for each |
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violation and for each day of a violation. The maximum civil |
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penalty that may accrue each day is $5,000. The appropriate |
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attorney representing the municipality or county may sue to collect |
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the penalty. The recovered penalty shall be deposited in the |
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general fund of the municipality or county. |
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(b) In addition to the enforcement authority provided by |
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subsection (a), rules adopted by a county under this subchapter may |
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provide that an owner or occupant of a dwelling who violates a rule |
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prohibiting more than one single-family, detached dwelling to be |
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located on a lot commits an offense. An offense under this |
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subsection is a Class C misdemeanor. Each day a violation occurs or |
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continues shall constitute a separate offense. |
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SECTION 2. The change in law made by this Act applies to |
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conduct occurring on or after the effective date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |