Texas House Bill HB3464

Texas 2009 - 81st Regular

• Out of House Committee: 4/14/09
• Voted on by House: 4/22/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the enforcement of certain development regulations in a justice court.

Impact

This legislation will essentially centralize the enforcement of specific development regulations in Texas' justice court system. Its implementation is expected to expedite the legal processes surrounding local development infractions, which previously might have gone through more complex courts. The enforcement structure is geared towards holding individuals and entities accountable for continuous infractions, supporting more stringent application of local development rules.

Summary

House Bill 3464 aims to modify the enforcement mechanisms for certain development regulations by allowing violations to be tried in justice courts. Specifically, it amends Section 231.229(b) of the Local Government Code to establish penalties for violators of this subchapter. The bill stipulates that violators commit an offense classified as a misdemeanor, punishable by fines ranging from $500 to $1,000. Importantly, the bill also states that each day a violation occurs constitutes a separate offense, emphasizing the potential cumulative nature of penalties.

Contention

While the legislative intent may be to strengthen development regulation compliance, there may be concerns regarding the implications for local governance. Critics might argue that mandating enforcement through justice courts could overload these courts with cases, particularly if local governments seek to enforce numerous violations derived from ongoing development activities. Hence, while the intention of the bill is to enhance regulatory compliance, it raises questions about the capacity and efficacy of justice courts to handle increased caseloads, potentially leading to delays in the judicial process.