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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and opportunity to cure before filing certain |
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enforcement actions against subdividers of land in certain border |
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and economically distressed counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0375 to read as follows: |
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Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED |
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BEFORE FILING ENFORCEMENT ACTION. (a) Before a civil enforcement |
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action may be filed against a subdivider under this subchapter, the |
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subdivider must be notified in writing about the general nature of |
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the alleged violation and given 90 days from the notification date |
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to cure the violation. After the 90th day after the date of the |
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notification, the enforcement action may proceed. |
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(b) This section does not apply to a civil enforcement |
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action if the attorney general, district attorney, or county |
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attorney asserts that: |
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(1) an alleged violation or threatened violation poses |
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an eminent threat to a consumer or to the health and safety of any |
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person; or |
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(2) a delay in bringing an enforcement action may |
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result in financial loss or increased costs to any person, |
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including the county. |
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(c) This section does not apply if an enforcement action has |
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previously been filed against the subdivider for the same or |
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another alleged violation and had an adverse ruling by a court of |
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competent jurisdiction. |
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(d) This section does not apply to an action filed by a |
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private individual. |
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SECTION 2. Subchapter C, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0805 to read as follows: |
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Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED |
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BEFORE FILING ENFORCEMENT ACTION. (a) In this section, |
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"subdivider" has the meaning assigned by Section 232.021. |
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(b) Before a civil enforcement action may be filed against a |
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subdivider under this subchapter, the subdivider must be notified |
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in writing about the general nature of the alleged violation and |
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given 90 days from the notification date to cure the violation. |
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After the 90th day after the date of the notification, the |
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enforcement action may proceed. |
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|
(c) This section does not apply to a civil enforcement |
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|
action if the attorney general, district attorney, or county |
|
|
attorney asserts that: |
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|
(1) an alleged violation or threatened violation poses |
|
|
an eminent threat to a consumer or to the health and safety of any |
|
|
person; or |
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|
(2) a delay in bringing an enforcement action may |
|
|
result in financial loss or increased costs to any person, |
|
|
including the county. |
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|
(d) This section does not apply if an enforcement action has |
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|
previously been filed against the subdivider for the same or |
|
|
another alleged violation and had an adverse ruling by a court of |
|
|
competent jurisdiction. |
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(e) This section does not apply to an action filed by |
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private individual. |
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SECTION 3. Subchapter J, Chapter 16, Water Code, is amended |
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by adding Section 16.3541 to read as follows: |
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Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED |
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BEFORE FILING ENFORCEMENT ACTION. (a) In this section, |
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"subdivider" has the meaning assigned by Section 232.021, Local |
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|
Government Code. |
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(b) Before a civil enforcement action may be filed against a |
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|
subdivider under this subchapter, the subdivider must be notified |
|
|
in writing about the general nature of the alleged violation and |
|
|
given 90 days from the notification date to cure the violation. |
|
|
After the 90th day after the date of the notification, the |
|
|
enforcement action may proceed. |
|
|
(c) This section does not apply to a civil enforcement |
|
|
action if the attorney general, district attorney, or county |
|
|
attorney asserts that: |
|
|
(1) an alleged violation or threatened violation poses |
|
|
an eminent threat to a consumer or to the health and safety of any |
|
|
person; or |
|
|
(2) a delay in bringing an enforcement action may |
|
|
result in financial loss or increased costs to any person, |
|
|
including the county. |
|
|
(d) This section does not apply if an enforcement action has |
|
|
previously been filed against the subdivider for the same or |
|
|
another alleged violation and had an adverse ruling by a court of |
|
|
competent jurisdiction. |
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SECTION 4. This Act takes effect September 1, 2015. |