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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of water conservation and animal care |
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and control ordinances of a municipality by civil action or |
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quasi-judicial enforcement; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.012, Local Government Code, is |
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amended to read as follows: |
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Sec. 54.012. CIVIL ACTION. A municipality may bring a civil |
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action for the enforcement of an ordinance: |
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(1) for the preservation of public safety, relating to |
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the materials or methods used to construct a building or other |
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structure or improvement, including the foundation, structural |
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elements, electrical wiring or apparatus, plumbing and fixtures, |
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entrances, or exits; |
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(2) relating to the preservation of public health or |
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to the fire safety of a building or other structure or improvement, |
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including provisions relating to materials, types of construction |
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or design, interior configuration, illumination, warning devices, |
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sprinklers or other fire suppression devices, availability of water |
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supply for extinguishing fires, or location, design, or width of |
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entrances or exits; |
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(3) for zoning that provides for the use of land or |
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classifies a parcel of land according to the municipality's |
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district classification scheme; |
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(4) establishing criteria for land subdivision or |
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construction of buildings, including provisions relating to street |
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width and design, lot size, building width or elevation, setback |
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requirements, or utility service specifications or requirements; |
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(5) implementing civil penalties under this |
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subchapter for conduct classified by statute as a Class C |
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misdemeanor; |
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(6) relating to dangerously damaged or deteriorated |
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structures or improvements; |
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(7) relating to conditions caused by accumulations of |
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refuse, vegetation, or other matter that creates breeding and |
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living places for insects and rodents; |
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(8) relating to the interior configuration, design, |
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illumination, or visibility of business premises exhibiting for |
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viewing by customers while on the premises live or mechanically or |
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electronically displayed entertainment intended to provide sexual |
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stimulation or sexual gratification; [or] |
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(9) relating to point source effluent limitations or |
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the discharge of a pollutant, other than from a non-point source, |
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into a sewer system, including a sanitary or storm water sewer |
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system, owned or controlled by the municipality; |
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(10) relating to animal care and control; or |
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(11) relating to water conservation measures, |
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including watering restrictions. |
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SECTION 2. Section 54.032, Local Government Code, is |
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amended to read as follows: |
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Sec. 54.032. ORDINANCES SUBJECT TO QUASI-JUDICIAL |
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ENFORCEMENT. This subchapter applies only to ordinances: |
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(1) for the preservation of public safety, relating to |
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the materials or methods used to construct a building or |
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improvement, including the foundation, structural elements, |
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electrical wiring or apparatus, plumbing and fixtures, entrances, |
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or exits; |
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(2) relating to the fire safety of a building or |
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improvement, including provisions relating to materials, types of |
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construction or design, warning devices, sprinklers or other fire |
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suppression devices, availability of water supply for |
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extinguishing fires, or location, design, or width of entrances or |
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exits; |
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(3) relating to dangerously damaged or deteriorated |
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buildings or improvements; |
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(4) relating to conditions caused by accumulations of |
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refuse, vegetation, or other matter that creates breeding and |
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living places for insects and rodents; [or] |
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(5) relating to a building code or to the condition, |
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use, or appearance of property in a municipality; |
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(6) relating to animal care and control; or |
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(7) relating to water conservation measures, |
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including watering restrictions. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation of a municipal ordinance that occurs on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |