84R1915 JAM-D
By: Canales H.B. No. 316
A BILL TO BE ENTITLED
AN ACT
relating to allowing a county commissioners court to contract with
an attorney to enforce subdivision platting requirements in certain
counties that are economically distressed or that are located near
the international border of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.037, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) The commissioners court by order may contract with a
licensed attorney to take any action necessary in a court of
competent jurisdiction on behalf of the state or on behalf of the
residents to:
(1) enjoin the violation or threatened violation of
applicable model rules adopted under Section 16.343, Water Code;
(2) enjoin the violation or threatened violation of a
requirement of this subchapter or a rule adopted by the
commissioners court under this subchapter;
(3) recover civil penalties, attorney's fees,
litigation costs, and investigation costs; and
(4) require platting as required by this subchapter.
SECTION 2. Section 232.080, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) The commissioners court by order may contract with a
licensed attorney to take any action necessary in a court of
competent jurisdiction on behalf of the state or on behalf of the
residents to:
(1) enjoin the violation or threatened violation of
applicable model rules adopted under Section 16.343, Water Code;
(2) enjoin the violation or threatened violation of a
requirement of this subchapter or a rule adopted by the
commissioners court under this subchapter;
(3) recover civil penalties, attorney's fees,
litigation costs, and investigation costs; and
(4) require platting as required by this subchapter.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.