By: Miles, Schaefer, Guillen (Senate Sponsor - Lucio) H.B. No. 274
         (In the Senate - Received from the House May 5, 2015;
  May 6, 2015, read first time and referred to Committee on
  Intergovernmental Relations; May 13, 2015, reported favorably by
  the following vote:  Yeas 5, Nays 1; May 13, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the enforcement of municipal rules, ordinances, or
  police regulations prohibiting illegal dumping; increasing a
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.001(b), Local Government Code, is
  amended to read as follows:
         (b)  A fine or penalty for the violation of a rule,
  ordinance, or police regulation may not exceed $500 except that:
               (1)  [. However,] a fine or penalty for the violation
  of a rule, ordinance, or police regulation that governs fire
  safety, zoning, or public health and sanitation, other than the
  [including] dumping of refuse, may not exceed $2,000; and
               (2)  a fine or penalty for the violation of a rule,
  ordinance, or police regulation that governs the dumping of refuse
  may not exceed $4,000.
         SECTION 2.  Section 29.003(a), Government Code, is amended
  to read as follows:
         (a)  A municipal court, including a municipal court of
  record, shall have exclusive original jurisdiction within the
  municipality's territorial limits and property owned by the
  municipality located in the municipality's extraterritorial
  jurisdiction in all criminal cases that:
               (1)  arise under:
                     (A)  the ordinances of the municipality; or
                     (B)  a resolution, rule, or order of a joint board
  operating an airport under Section 22.074, Transportation Code; and
               (2)  are punishable by a fine not to exceed:
                     (A)  $2,000 in all cases arising under municipal
  ordinances or resolutions, rules, or orders of a joint board that
  govern fire safety, zoning, or public health and sanitation, other
  than the [including] dumping of refuse; [or]
                     (B)  $4,000 in cases arising under municipal
  ordinances that govern the dumping of refuse; or
                     (C) [(B)]  $500 in all other cases arising under a
  municipal ordinance or a resolution, rule, or order of a joint
  board.
         SECTION 3.  Article 4.14(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A municipal court, including a municipal court of
  record, shall have exclusive original jurisdiction within the
  territorial limits of the municipality in all criminal cases that:
               (1)  arise under the ordinances of the municipality;
  and
               (2)  are punishable by a fine not to exceed:
                     (A)  $2,000 in all cases arising under municipal
  ordinances that govern fire safety, zoning, or public health and
  sanitation, other than the [including] dumping of refuse; [or]
                     (B)  $4,000 in cases arising under municipal
  ordinances that govern the dumping of refuse; or
                     (C) [(B)]  $500 in all other cases arising under a
  municipal ordinance.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For purposes
  of this section, an offense was committed before the effective date
  of this Act if any element of the offense was committed before that
  date.
         SECTION 5.  This Act takes effect September 1, 2015.
 
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