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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) Except as provided |
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by Subsection (b), a [A] person who violates a rule adopted by a |
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municipality or county under this subchapter or under Subchapter B |
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or C, Chapter 232, Local Government Code, is liable to the |
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municipality or county for a civil penalty of not less than $500 and |
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not more than $1,000 for each violation and for each day of a |
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violation. The maximum civil penalty that may accrue each day is |
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$5,000. The appropriate attorney representing the municipality or |
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county may sue to collect the penalty. The recovered penalty shall |
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be deposited in the general fund of the municipality or county. |
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(b) Rules adopted by a county under this subchapter may: |
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(1) provide that an owner or occupant of a dwelling who |
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violates a rule prohibiting more than one single-family, detached |
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dwelling to be located on a lot is liable to the county for a civil |
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penalty of not more than $200; |
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(2) authorize certain county employees to issue |
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citations for a violation described by Subdivision (1); and |
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(3) allow a justice of the peace to enforce the |
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penalty. |
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SECTION 2. 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. |