1 | 1 | | 83R10889 AJZ-D |
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2 | 2 | | By: Canales H.B. No. 2991 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to allowing a county commissioners court to contract with |
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8 | 8 | | an attorney to enforce subdivision platting requirements in certain |
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9 | 9 | | counties that are economically distressed or that are located near |
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10 | 10 | | the international border of this state. |
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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 232.037, Local Government Code, is |
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13 | 13 | | amended by adding Subsection (e) to read as follows: |
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14 | 14 | | (e) The commissioners court by order may contract with a |
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15 | 15 | | licensed attorney to take any action necessary in a court of |
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16 | 16 | | competent jurisdiction on behalf of the state or on behalf of the |
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17 | 17 | | residents to: |
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18 | 18 | | (1) enjoin the violation or threatened violation of |
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19 | 19 | | applicable model rules adopted under Section 16.343, Water Code; |
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20 | 20 | | (2) enjoin the violation or threatened violation of a |
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21 | 21 | | requirement of this subchapter or a rule adopted by the |
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22 | 22 | | commissioners court under this subchapter; |
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23 | 23 | | (3) recover civil penalties, attorney's fees, |
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24 | 24 | | litigation costs, and investigation costs; and |
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25 | 25 | | (4) require platting as required by this subchapter. |
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26 | 26 | | SECTION 2. Section 232.080, Local Government Code, is |
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27 | 27 | | amended by adding Subsection (d) to read as follows: |
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28 | 28 | | (d) The commissioners court by order may contract with a |
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29 | 29 | | licensed attorney to take any action necessary in a court of |
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30 | 30 | | competent jurisdiction on behalf of the state or on behalf of the |
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31 | 31 | | residents to: |
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32 | 32 | | (1) enjoin the violation or threatened violation of |
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33 | 33 | | applicable model rules adopted under Section 16.343, Water Code; |
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34 | 34 | | (2) enjoin the violation or threatened violation of a |
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35 | 35 | | requirement of this subchapter or a rule adopted by the |
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36 | 36 | | commissioners court under this subchapter; |
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37 | 37 | | (3) recover civil penalties, attorney's fees, |
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38 | 38 | | litigation costs, and investigation costs; and |
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39 | 39 | | (4) require platting as required by this subchapter. |
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40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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44 | 44 | | Act takes effect September 1, 2013. |
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