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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of failure to comply with an order from a |
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fire marshal and the authority of certain county employees to issue |
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citations for certain violations; changing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 352.022, Local Government Code, is |
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amended to read as follows: |
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Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a) |
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A person [An owner or occupant] who is subject to an order issued |
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under Section 352.016 or 352.0165 commits an offense if that person |
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fails to comply with the order. Each refusal to comply is a |
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separate offense. |
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(b) Except as provided by Subsection (c), (d), or (e), an |
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[The] offense under this section is a Class C [B] misdemeanor. |
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(c) An offense under this section is a Class A misdemeanor |
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if the commission of the offense results in bodily injury or death. |
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(d) Unless Subsection (c) applies, if it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted under this section, the offense is a Class B misdemeanor. |
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(e) If [unless] it is shown on the trial of the offense that |
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the defendant has been previously convicted two or more times under |
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this section, [in which event] the offense is a state jail felony. |
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SECTION 2. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.0221 to read as follows: |
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Sec. 352.0221. AUTHORITY OF CERTAIN COUNTY EMPLOYEES TO |
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ISSUE CITATION. (a) This section applies only to: |
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(1) a county with a population of 3.3 million or more; |
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and |
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(2) a county with a population of 650,000 or more |
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adjacent to a county with a population of 3.3 million or more. |
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(b) The commissioners court of a county to which this |
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section applies may grant the authority to issue a citation under |
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this section to a county employee who: |
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(1) is certified by the Texas Commission on Fire |
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Protection as a fire inspector; |
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(2) conducts fire or life safety inspections under |
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Section 352.016; and |
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(3) is not a peace officer. |
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(c) The employee may issue a citation in the unincorporated |
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area of the county only for: |
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(1) an offense under Section 352.022; or |
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(2) a violation of an order relating to fire or life |
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safety issued by the commissioners court that is reasonably |
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necessary to protect public safety and welfare. |
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(d) A citation issued under this section must state: |
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(1) the name of the person cited; |
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(2) the violation charged; and |
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(3) the time and place the person is required to appear |
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in court. |
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(e) This section does not authorize the employee to arrest a |
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person. |
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(f) If a person who receives a citation under this section |
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fails to appear in court on the return date of the citation, the |
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court may issue a warrant for the person's arrest for the violation |
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described in the citation. |
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SECTION 3. Section 352.022, Local Government Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |