| 2 | | - | (In the Senate - Filed February 27, 2017; March 7, 2017, |
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| 3 | | - | read first time and referred to Committee on Intergovernmental |
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| 4 | | - | Relations; May 12, 2017, reported adversely, with favorable |
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| 5 | | - | Committee Substitute by the following vote: Yeas 6, Nays 0; |
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| 6 | | - | May 12, 2017, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1117 By: Garcia |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the offense of failure to comply with an order from a |
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| 14 | 7 | | fire marshal. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Section 352.022, Local Government Code, is |
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| 17 | 10 | | amended to read as follows: |
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| 18 | 11 | | Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. |
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| 19 | 12 | | (a) A person [An owner or occupant] who is subject to an order |
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| 20 | 13 | | issued under Section 352.016 commits an offense if that person |
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| 21 | 14 | | fails to comply with the order. Each refusal to comply is a |
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| 22 | 15 | | separate offense. |
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| 23 | 16 | | (b) Except as provided by Subsection (c) or (d), an [The] |
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| 24 | 17 | | offense under this section is a Class C [B] misdemeanor. |
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| 25 | 18 | | (c) An offense under this section is a Class B misdemeanor |
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| 26 | 19 | | if the commission of the offense results in: |
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| 27 | 20 | | (1) property damage in an amount of $200 or more; or |
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| 28 | 21 | | (2) bodily injury or death. |
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| 29 | 22 | | (d) If [unless] it is shown on the trial of the offense that |
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| 30 | 23 | | the defendant has been previously convicted two or more times under |
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| 31 | 24 | | this section, [in which event] the offense is a state jail felony. |
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| 32 | 25 | | SECTION 2. Section 352.022, Local Government Code, as |
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| 33 | 26 | | amended by this Act, applies only to an offense committed on or |
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| 34 | 27 | | after the effective date of this Act. An offense committed before |
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| 35 | 28 | | the effective date of this Act is governed by the law in effect on |
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| 36 | 29 | | the date the offense was committed, and the former law is continued |
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| 37 | 30 | | in effect for that purpose. For purposes of this section, an |
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| 38 | 31 | | offense was committed before the effective date of this Act if any |
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| 39 | 32 | | element of the offense was committed before that date. |
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| 40 | 33 | | SECTION 3. This Act takes effect September 1, 2017. |
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