By: Creighton S.B. No. 1117
A BILL TO BE ENTITLED
AN ACT
relating to the offense of failure to comply with an order from a
fire marshal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 352.022, Local Government Code, is
amended to read as follows:
Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER.
(a) A person [An owner or occupant] who is subject to an order
issued under Section 352.016 commits an offense if that person
fails to comply with the order. Each refusal to comply is a
separate offense.
(b) Except as provided by Subsection (c) or (d), an [The]
offense under this section is a Class C [B] misdemeanor.
(c) An offense under this section is a Class B misdemeanor
if the commission of the offense results in:
(1) property damage in an amount of $200 or more; or
(2) bodily injury or death.
(d) If [unless] it is shown on the trial of the offense that
the defendant has been previously convicted two or more times under
this section, [in which event] the offense is a state jail felony.
SECTION 2. Section 352.022, Local Government Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2017.