82R8367 JTS-D
By: Munoz, Jr. H.B. No. 1767
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of county subdivision regulations
prohibiting more than one residential dwelling on each subdivision
lot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.352, Water Code, is amended to read as
follows:
Sec. 16.352. ENFORCEMENT OF RULES. (a) Except as provided
by Subsection (b), a [A] person who violates a rule adopted by a
municipality or county under this subchapter or under Subchapter B
or C, Chapter 232, Local Government Code, is liable to the
municipality or county for a civil penalty of not less than $500 and
not more than $1,000 for each violation and for each day of a
violation. The maximum civil penalty that may accrue each day is
$5,000. The appropriate attorney representing the municipality or
county may sue to collect the penalty. The recovered penalty shall
be deposited in the general fund of the municipality or county.
(b) Rules adopted by a county under this subchapter may:
(1) provide that an owner or occupant of a dwelling who
violates a rule prohibiting more than one single-family, detached
dwelling to be located on a lot is liable to the county for a civil
penalty of not more than $200;
(2) authorize certain county employees to issue
citations for a violation described by Subdivision (1); and
(3) allow a justice of the peace to enforce the
penalty.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.