Texas 2015 - 84th Regular

Texas House Bill HB274 Compare Versions

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1-By: Miles, Schaefer, Guillen (Senate Sponsor - Lucio) H.B. No. 274
2- (In the Senate - Received from the House May 5, 2015;
3- May 6, 2015, read first time and referred to Committee on
4- Intergovernmental Relations; May 13, 2015, reported favorably by
5- the following vote: Yeas 5, Nays 1; May 13, 2015, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 274
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the enforcement of municipal rules, ordinances, or
126 police regulations prohibiting illegal dumping; increasing a
137 penalty.
148 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
159 SECTION 1. Section 54.001(b), Local Government Code, is
1610 amended to read as follows:
1711 (b) A fine or penalty for the violation of a rule,
1812 ordinance, or police regulation may not exceed $500 except that:
1913 (1) [. However,] a fine or penalty for the violation
2014 of a rule, ordinance, or police regulation that governs fire
2115 safety, zoning, or public health and sanitation, other than the
2216 [including] dumping of refuse, may not exceed $2,000; and
2317 (2) a fine or penalty for the violation of a rule,
2418 ordinance, or police regulation that governs the dumping of refuse
2519 may not exceed $4,000.
2620 SECTION 2. Section 29.003(a), Government Code, is amended
2721 to read as follows:
2822 (a) A municipal court, including a municipal court of
2923 record, shall have exclusive original jurisdiction within the
3024 municipality's territorial limits and property owned by the
3125 municipality located in the municipality's extraterritorial
3226 jurisdiction in all criminal cases that:
3327 (1) arise under:
3428 (A) the ordinances of the municipality; or
3529 (B) a resolution, rule, or order of a joint board
3630 operating an airport under Section 22.074, Transportation Code; and
3731 (2) are punishable by a fine not to exceed:
3832 (A) $2,000 in all cases arising under municipal
3933 ordinances or resolutions, rules, or orders of a joint board that
4034 govern fire safety, zoning, or public health and sanitation, other
4135 than the [including] dumping of refuse; [or]
4236 (B) $4,000 in cases arising under municipal
4337 ordinances that govern the dumping of refuse; or
4438 (C) [(B)] $500 in all other cases arising under a
4539 municipal ordinance or a resolution, rule, or order of a joint
4640 board.
4741 SECTION 3. Article 4.14(a), Code of Criminal Procedure, is
4842 amended to read as follows:
4943 (a) A municipal court, including a municipal court of
5044 record, shall have exclusive original jurisdiction within the
5145 territorial limits of the municipality in all criminal cases that:
5246 (1) arise under the ordinances of the municipality;
5347 and
5448 (2) are punishable by a fine not to exceed:
5549 (A) $2,000 in all cases arising under municipal
5650 ordinances that govern fire safety, zoning, or public health and
5751 sanitation, other than the [including] dumping of refuse; [or]
5852 (B) $4,000 in cases arising under municipal
5953 ordinances that govern the dumping of refuse; or
6054 (C) [(B)] $500 in all other cases arising under a
6155 municipal ordinance.
6256 SECTION 4. The change in law made by this Act applies only
6357 to an offense committed on or after the effective date of this Act.
6458 An offense committed before the effective date of this Act is
6559 governed by the law in effect when the offense was committed, and
6660 the former law is continued in effect for that purpose. For purposes
6761 of this section, an offense was committed before the effective date
6862 of this Act if any element of the offense was committed before that
6963 date.
7064 SECTION 5. This Act takes effect September 1, 2015.
71- * * * * *
65+ ______________________________ ______________________________
66+ President of the Senate Speaker of the House
67+ I certify that H.B. No. 274 was passed by the House on May 4,
68+ 2015, by the following vote: Yeas 130, Nays 9, 3 present, not
69+ voting.
70+ ______________________________
71+ Chief Clerk of the House
72+ I certify that H.B. No. 274 was passed by the Senate on May
73+ 25, 2015, by the following vote: Yeas 24, Nays 7.
74+ ______________________________
75+ Secretary of the Senate
76+ APPROVED: _____________________
77+ Date
78+ _____________________
79+ Governor