| 1 | 1 | | By: Munoz, Jr. H.B. No. 1767 |
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| 2 | 2 | | Substitute the following for H.B. No. 1767: |
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| 3 | 3 | | By: Gonzales of Williamson C.S.H.B. No. 1767 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the enforcement of county subdivision regulations |
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| 9 | 9 | | prohibiting more than one residential dwelling on each subdivision |
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| 10 | 10 | | lot. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 16.352, Water Code, is amended to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 16.352. ENFORCEMENT OF RULES. (a) A person who |
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| 15 | 15 | | violates a rule adopted by a municipality or county under this |
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| 16 | 16 | | subchapter or under Subchapter B or C, Chapter 232, Local |
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| 17 | 17 | | Government Code, is liable to the municipality or county for a civil |
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| 18 | 18 | | penalty of not less than $500 and not more than $1,000 for each |
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| 19 | 19 | | violation and for each day of a violation. The maximum civil |
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| 20 | 20 | | penalty that may accrue each day is $5,000. The appropriate |
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| 21 | 21 | | attorney representing the municipality or county may sue to collect |
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| 22 | 22 | | the penalty. The recovered penalty shall be deposited in the |
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| 23 | 23 | | general fund of the municipality or county. |
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| 24 | 24 | | (b) In addition to the enforcement authority provided by |
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| 25 | 25 | | subsection (a), rules adopted by a county under this subchapter may |
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| 26 | 26 | | provide that an owner or occupant of a dwelling who violates a rule |
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| 27 | 27 | | prohibiting more than one single-family, detached dwelling to be |
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| 28 | 28 | | located on a lot commits an offense. An offense under this |
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| 29 | 29 | | subsection is a Class C misdemeanor. Each day a violation occurs or |
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| 30 | 30 | | continues shall constitute a separate offense. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies to |
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| 32 | 32 | | conduct occurring on or after the effective date. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2011. |
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