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