H.B. No. 1240

AN ACT

relating to the offense of failure to comply with an order from a fire marshal and the authority of certain county employees to issue citations for certain violations; changing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 352.022, Local Government Code, is amended to read as follows:

Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a) A person [An owner or occupant] who is subject to an order issued under Section 352.016 commits an offense if that person fails to comply with the order. Each refusal to comply is a separate offense.

(b) Except as provided by Subsection (c), (d), or (e), an [The] offense under this section is a Class C [B] misdemeanor.

(c) An offense under this section is a Class A misdemeanor if the commission of the offense results in bodily injury or death.

(d) Unless Subsection (c) applies, if it is shown on the trial of the offense that the defendant has been previously convicted under this section, the offense is a Class B misdemeanor.

(e) If [unless] it is shown on the trial of the offense that the defendant has been previously convicted two or more times under this section, [in which event] the offense is a state jail felony.

SECTION 2. Subchapter B, Chapter 352, Local Government Code, is amended by adding Section 352.0221 to read as follows:

Sec. 352.0221. AUTHORITY OF CERTAIN COUNTY EMPLOYEES TO ISSUE CITATION. (a) This section applies only to:

(1) a county with a population of 3.3 million or more; and

(2) a county with a population of 550,000 or more adjacent to a county with a population of 3.3 million or more.

(b) The commissioners court of a county to which this section applies may grant the authority to issue a citation under this section to a county employee who:

(1) is certified by the Texas Commission on Fire Protection as a fire inspector;

(2) conducts fire or life safety inspections under Section 352.016; and

(3) is not a peace officer.

(c) The employee may issue a citation in the unincorporated area of the county only for:

(1) an offense under Section 352.022; or

(2) a violation of an order relating to fire or life safety issued by the commissioners court that is reasonably necessary to protect public safety and welfare.

(d) A citation issued under this section must state:

(1) the name of the person cited;

(2) the violation charged; and

(3) the time and place the person is required to appear in court.

(e) This section does not authorize the employee to arrest a person.

(f) If a person who receives a citation under this section fails to appear in court on the return date of the citation, the court may issue a warrant for the person's arrest for the violation described in the citation.

SECTION 3. Section 352.022, Local Government Code, as amended 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 on the date 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 4. This Act takes effect September 1, 2021.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1240 was passed by the House on April 23, 2021, by the following vote: Yeas 111, Nays 35, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1240 on May 28, 2021, by the following vote: Yeas 100, Nays 40, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 1240 was passed by the Senate, with amendments, on May 22, 2021, by the following vote: Yeas 26, Nays 4.

______________________________ Secretary of the Senate APPROVED: __________________

Date

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Governor