By: Guillen H.B. No. 2215
A BILL TO BE ENTITLED
AN ACT
relating to notice and opportunity to cure before filing certain
enforcement actions against subdividers of land in certain border
and economically distressed counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 232, Local Government
Code, is amended by adding Section 232.0375 to read as follows:
Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) Before a civil enforcement
action may be filed against a subdivider under this subchapter, the
subdivider must be notified in writing about the general nature of
the alleged violation and given 90 days from the notification date
to cure the violation. After the 90th day after the date of the
notification, the enforcement action may proceed.
(b) This section does not apply to a civil enforcement
action if the attorney general, district attorney, or county
attorney asserts that:
(1) an alleged violation or threatened violation poses
an eminent threat to a consumer or to the health and safety of any
person; or
(2) a delay in bringing an enforcement action may
result in financial loss or increased costs to any person,
including the county.
(c) This section does not apply if an enforcement action has
previously been filed against the subdivider for the same or
another alleged violation and had an adverse ruling by a court of
competent jurisdiction.
(d) This section does not apply to an action filed by a
private individual.
SECTION 2. Subchapter C, Chapter 232, Local Government
Code, is amended by adding Section 232.0805 to read as follows:
Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
"subdivider" has the meaning assigned by Section 232.021.
(b) Before a civil enforcement action may be filed against a
subdivider under this subchapter, the subdivider must be notified
in writing about the general nature of the alleged violation and
given 90 days from the notification date to cure the violation.
After the 90th day after the date of the notification, the
enforcement action may proceed.
(c) This section does not apply to a civil enforcement
action if the attorney general, district attorney, or county
attorney asserts that:
(1) an alleged violation or threatened violation poses
an eminent threat to a consumer or to the health and safety of any
person; or
(2) a delay in bringing an enforcement action may
result in financial loss or increased costs to any person,
including the county.
(d) This section does not apply if an enforcement action has
previously been filed against the subdivider for the same or
another alleged violation and had an adverse ruling by a court of
competent jurisdiction.
(e) This section does not apply to an action filed by
private individual.
SECTION 3. Subchapter J, Chapter 16, Water Code, is amended
by adding Section 16.3541 to read as follows:
Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED
BEFORE FILING ENFORCEMENT ACTION. (a) In this section,
"subdivider" has the meaning assigned by Section 232.021, Local
Government Code.
(b) Before a civil enforcement action may be filed against a
subdivider under this subchapter, the subdivider must be notified
in writing about the general nature of the alleged violation and
given 90 days from the notification date to cure the violation.
After the 90th day after the date of the notification, the
enforcement action may proceed.
(c) This section does not apply to a civil enforcement
action if the attorney general, district attorney, or county
attorney asserts that:
(1) an alleged violation or threatened violation poses
an eminent threat to a consumer or to the health and safety of any
person; or
(2) a delay in bringing an enforcement action may
result in financial loss or increased costs to any person,
including the county.
(d) This section does not apply if an enforcement action has
previously been filed against the subdivider for the same or
another alleged violation and had an adverse ruling by a court of
competent jurisdiction.
SECTION 4. This Act takes effect September 1, 2015.