By: West S.B. No. 654
(In the Senate - Filed February 19, 2013; February 25, 2013,
read first time and referred to Committee on Intergovernmental
Relations; March 25, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; March 25, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of water conservation and animal care
and control ordinances of a municipality by civil action or
quasi-judicial enforcement; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.012, Local Government Code, is
amended to read as follows:
Sec. 54.012. CIVIL ACTION. A municipality may bring a civil
action for the enforcement of an ordinance:
(1) for the preservation of public safety, relating to
the materials or methods used to construct a building or other
structure or improvement, including the foundation, structural
elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
(2) relating to the preservation of public health or
to the fire safety of a building or other structure or improvement,
including provisions relating to materials, types of construction
or design, interior configuration, illumination, warning devices,
sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of
entrances or exits;
(3) for zoning that provides for the use of land or
classifies a parcel of land according to the municipality's
district classification scheme;
(4) establishing criteria for land subdivision or
construction of buildings, including provisions relating to street
width and design, lot size, building width or elevation, setback
requirements, or utility service specifications or requirements;
(5) implementing civil penalties under this
subchapter for conduct classified by statute as a Class C
misdemeanor;
(6) relating to dangerously damaged or deteriorated
structures or improvements;
(7) relating to conditions caused by accumulations of
refuse, vegetation, or other matter that creates breeding and
living places for insects and rodents;
(8) relating to the interior configuration, design,
illumination, or visibility of business premises exhibiting for
viewing by customers while on the premises live or mechanically or
electronically displayed entertainment intended to provide sexual
stimulation or sexual gratification; [or]
(9) relating to point source effluent limitations or
the discharge of a pollutant, other than from a non-point source,
into a sewer system, including a sanitary or storm water sewer
system, owned or controlled by the municipality;
(10) relating to animal care and control; or
(11) relating to water conservation measures,
including watering restrictions.
SECTION 2. Section 54.032, Local Government Code, is
amended to read as follows:
Sec. 54.032. ORDINANCES SUBJECT TO QUASI-JUDICIAL
ENFORCEMENT. This subchapter applies only to ordinances:
(1) for the preservation of public safety, relating to
the materials or methods used to construct a building or
improvement, including the foundation, structural elements,
electrical wiring or apparatus, plumbing and fixtures, entrances,
or exits;
(2) relating to the fire safety of a building or
improvement, including provisions relating to materials, types of
construction or design, warning devices, sprinklers or other fire
suppression devices, availability of water supply for
extinguishing fires, or location, design, or width of entrances or
exits;
(3) relating to dangerously damaged or deteriorated
buildings or improvements;
(4) relating to conditions caused by accumulations of
refuse, vegetation, or other matter that creates breeding and
living places for insects and rodents; [or]
(5) relating to a building code or to the condition,
use, or appearance of property in a municipality;
(6) relating to animal care and control; or
(7) relating to water conservation measures,
including watering restrictions.
SECTION 3. The changes in law made by this Act apply only to
a violation of a municipal ordinance that occurs on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2013.
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