83R24659 SCL-F
By: Workman H.B. No. 3088
Substitute the following for H.B. No. 3088:
By: Deshotel C.S.H.B. No. 3088
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of requirements for the issuance of
local permits by regulatory agencies of political subdivisions.
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. The attorney general may bring an action to enforce this
chapter.
(b) A political subdivision's immunity from suit is waived
in regard to an action under this chapter. If it is found in a civil
action that a political subdivision has violated this chapter, the
political subdivision is liable for actual damages and reasonable
attorney's fees.
SECTION 2. The change in law made by this Act applies only
to an action commencing on or after the effective date of this Act.
An action commencing before the effective date of this Act is
governed by the law in effect on the date the action commenced, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.