Texas 2013 - 83rd Regular

Texas House Bill HB3088 Compare Versions

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11 83R24659 SCL-F
22 By: Workman H.B. No. 3088
33 Substitute the following for H.B. No. 3088:
44 By: Deshotel C.S.H.B. No. 3088
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the enforcement of requirements for the issuance of
1010 local permits by regulatory agencies of political subdivisions.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 245.006, Local Government Code, is
1313 amended to read as follows:
1414 Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) This chapter may
1515 be enforced [only] through mandamus or declaratory or injunctive
1616 relief. The attorney general may bring an action to enforce this
1717 chapter.
1818 (b) A political subdivision's immunity from suit is waived
1919 in regard to an action under this chapter. If it is found in a civil
2020 action that a political subdivision has violated this chapter, the
2121 political subdivision is liable for actual damages and reasonable
2222 attorney's fees.
2323 SECTION 2. The change in law made by this Act applies only
2424 to an action commencing on or after the effective date of this Act.
2525 An action commencing before the effective date of this Act is
2626 governed by the law in effect on the date the action commenced, and
2727 the former law is continued in effect for that purpose.
2828 SECTION 3. This Act takes effect September 1, 2013.