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A BILL TO BE ENTITLED
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AN ACT
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relating to liability of a political subdivision for a violation of |
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certain laws relating to local permits; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 245.006, Local Government Code, is |
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amended to read as follows: |
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Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) This chapter |
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may be enforced [only] through mandamus or declaratory or |
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injunctive relief. |
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(b) A political subdivision's immunity from suit is waived |
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in regard to an action under this chapter. |
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(c) A political subdivision that violates this chapter is |
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liable to the state for a civil penalty in an amount of $2,000 per |
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day of violation. The attorney general may recover a penalty under |
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this subsection in a suit brought on behalf of the state. Money |
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collected under this subsection shall be paid to the comptroller |
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for deposit in the general revenue fund. |
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SECTION 2. The change in law made by this Act applies only |
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to a violation committed on or after the effective date of this Act. |
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A violation committed before the effective date of this Act is |
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governed by the law in effect when the violation was committed, and |
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the former law is continued in effect for that purpose. For purposes |
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of this section, a violation was committed before the effective |
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date of this Act if any element of the violation was committed |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |