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AN ACT
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relating to the enforcement of municipal rules, ordinances, or |
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police regulations prohibiting illegal dumping; increasing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.001(b), Local Government Code, is |
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amended to read as follows: |
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(b) A fine or penalty for the violation of a rule, |
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ordinance, or police regulation may not exceed $500 except that: |
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(1) [. However,] a fine or penalty for the violation |
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of a rule, ordinance, or police regulation that governs fire |
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safety, zoning, or public health and sanitation, other than the |
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[including] dumping of refuse, may not exceed $2,000; and |
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(2) a fine or penalty for the violation of a rule, |
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ordinance, or police regulation that governs the dumping of refuse |
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may not exceed $4,000. |
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SECTION 2. Section 29.003(a), Government Code, is amended |
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to read as follows: |
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(a) A municipal court, including a municipal court of |
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record, shall have exclusive original jurisdiction within the |
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municipality's territorial limits and property owned by the |
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municipality located in the municipality's extraterritorial |
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jurisdiction in all criminal cases that: |
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(1) arise under: |
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(A) the ordinances of the municipality; or |
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(B) a resolution, rule, or order of a joint board |
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operating an airport under Section 22.074, Transportation Code; and |
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(2) are punishable by a fine not to exceed: |
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(A) $2,000 in all cases arising under municipal |
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ordinances or resolutions, rules, or orders of a joint board that |
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govern fire safety, zoning, or public health and sanitation, other |
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than the [including] dumping of refuse; [or] |
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(B) $4,000 in cases arising under municipal |
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ordinances that govern the dumping of refuse; or |
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(C) [(B)] $500 in all other cases arising under a |
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municipal ordinance or a resolution, rule, or order of a joint |
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board. |
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SECTION 3. Article 4.14(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A municipal court, including a municipal court of |
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record, shall have exclusive original jurisdiction within the |
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territorial limits of the municipality in all criminal cases that: |
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(1) arise under the ordinances of the municipality; |
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and |
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(2) are punishable by a fine not to exceed: |
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(A) $2,000 in all cases arising under municipal |
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ordinances that govern fire safety, zoning, or public health and |
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sanitation, other than the [including] dumping of refuse; [or] |
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(B) $4,000 in cases arising under municipal |
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ordinances that govern the dumping of refuse; or |
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(C) [(B)] $500 in all other cases arising under a |
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municipal ordinance. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense 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, an offense was committed before the effective date |
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of this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 274 was passed by the House on May 4, |
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2015, by the following vote: Yeas 130, Nays 9, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 274 was passed by the Senate on May |
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25, 2015, by the following vote: Yeas 24, Nays 7. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |