82R10022 SLB-F
By: Kleinschmidt H.B. No. 3535
A BILL TO BE ENTITLED
AN ACT
relating to liability of a political subdivision for a violation of
certain laws relating to local permits; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 245.006, Local Government Code, is
amended to read as follows:
Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) This chapter
may be enforced [only] through mandamus or declaratory or
injunctive relief.
(b) A political subdivision's immunity from suit is waived
in regard to an action under this chapter.
(c) A political subdivision that violates this chapter is
liable to the state for a civil penalty in an amount of $2,000 per
day of violation. The attorney general may recover a penalty under
this subsection in a suit brought on behalf of the state. Money
collected under this subsection shall be paid to the comptroller
for deposit in the general revenue fund.
SECTION 2. The change in law made by this Act applies only
to a violation committed on or after the effective date of this Act.
A violation committed before the effective date of this Act is
governed by the law in effect when the violation was committed, and
the former law is continued in effect for that purpose. For purposes
of this section, a violation was committed before the effective
date of this Act if any element of the violation was committed
before that date.
SECTION 3. This Act takes effect September 1, 2011.