Texas 2015 - 84th Regular

Texas House Bill HB2215 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Guillen H.B. No. 2215
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to notice and opportunity to cure before filing certain
7	7	enforcement actions against subdividers of land in certain border
8	8	and economically distressed counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 232, Local Government
11	11	Code, is amended by adding Section 232.0375 to read as follows:
12	12	Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED
13	13	BEFORE FILING ENFORCEMENT ACTION. (a) Before a civil enforcement
14	14	action may be filed against a subdivider under this subchapter, the
15	15	subdivider must be notified in writing about the general nature of
16	16	the alleged violation and given 90 days from the notification date
17	17	to cure the violation. After the 90th day after the date of the
18	18	notification, the enforcement action may proceed.
19	19	(b) This section does not apply to a civil enforcement
20	20	action if the attorney general, district attorney, or county
21	21	attorney asserts that:
22	22	(1) an alleged violation or threatened violation poses
23	23	an eminent threat to a consumer or to the health and safety of any
24	24	person; or
25	25	(2) a delay in bringing an enforcement action may
26	26	result in financial loss or increased costs to any person,
27	27	including the county.
28	28	(c) This section does not apply if an enforcement action has
29	29	previously been filed against the subdivider for the same or
30	30	another alleged violation and had an adverse ruling by a court of
31	31	competent jurisdiction.
32	32	(d) This section does not apply to an action filed by a
33	33	private individual.
34	34	SECTION 2. Subchapter C, Chapter 232, Local Government
35	35	Code, is amended by adding Section 232.0805 to read as follows:
36	36	Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED
37	37	BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
38	38	"subdivider" has the meaning assigned by Section 232.021.
39	39	(b) Before a civil enforcement action may be filed against a
40	40	subdivider under this subchapter, the subdivider must be notified
41	41	in writing about the general nature of the alleged violation and
42	42	given 90 days from the notification date to cure the violation.
43	43	After the 90th day after the date of the notification, the
44	44	enforcement action may proceed.
45	45	(c) This section does not apply to a civil enforcement
46	46	action if the attorney general, district attorney, or county
47	47	attorney asserts that:
48	48	(1) an alleged violation or threatened violation poses
49	49	an eminent threat to a consumer or to the health and safety of any
50	50	person; or
51	51	(2) a delay in bringing an enforcement action may
52	52	result in financial loss or increased costs to any person,
53	53	including the county.
54	54	(d) This section does not apply if an enforcement action has
55	55	previously been filed against the subdivider for the same or
56	56	another alleged violation and had an adverse ruling by a court of
57	57	competent jurisdiction.
58	58	(e) This section does not apply to an action filed by
59	59	private individual.
60	60	SECTION 3. Subchapter J, Chapter 16, Water Code, is amended
61	61	by adding Section 16.3541 to read as follows:
62	62	Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED
63	63	BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
64	64	"subdivider" has the meaning assigned by Section 232.021, Local
65	65	Government Code.
66	66	(b) Before a civil enforcement action may be filed against a
67	67	subdivider under this subchapter, the subdivider must be notified
68	68	in writing about the general nature of the alleged violation and
69	69	given 90 days from the notification date to cure the violation.
70	70	After the 90th day after the date of the notification, the
71	71	enforcement action may proceed.
72	72	(c) This section does not apply to a civil enforcement
73	73	action if the attorney general, district attorney, or county
74	74	attorney asserts that:
75	75	(1) an alleged violation or threatened violation poses
76	76	an eminent threat to a consumer or to the health and safety of any
77	77	person; or
78	78	(2) a delay in bringing an enforcement action may
79	79	result in financial loss or increased costs to any person,
80	80	including the county.
81	81	(d) This section does not apply if an enforcement action has
82	82	previously been filed against the subdivider for the same or
83	83	another alleged violation and had an adverse ruling by a court of
84	84	competent jurisdiction.
85	85	SECTION 4. This Act takes effect September 1, 2015.