By: Munoz, Jr. H.B. No. 1767
Substitute the following for H.B. No. 1767:
By: Gonzales of Williamson C.S.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) 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) In addition to the enforcement authority provided by
subsection (a), rules adopted by a county under this subchapter may
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 commits an offense. An offense under this
subsection is a Class C misdemeanor. Each day a violation occurs or
continues shall constitute a separate offense.
SECTION 2. The change in law made by this Act applies to
conduct occurring on or after the effective date.
SECTION 3. 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.