| 1 | 1 | | 86R11671 SMT-F |
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| 2 | 2 | | By: Coleman H.B. No. 3837 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the offense of failure to comply with an order from a |
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| 8 | 8 | | fire marshal and the authority of certain county employees to issue |
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| 9 | 9 | | citations for certain violations; changing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 352.022, Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a) |
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| 14 | 14 | | A person [An owner or occupant] who is subject to an order issued |
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| 15 | 15 | | under Section 352.016 commits an offense if that person fails to |
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| 16 | 16 | | comply with the order. Each refusal to comply is a separate |
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| 17 | 17 | | offense. |
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| 18 | 18 | | (b) Except as provided by Subsection (c), (d), or (e), an |
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| 19 | 19 | | [The] offense under this section is a Class C [B] misdemeanor. |
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| 20 | 20 | | (c) An offense under this section is a Class A misdemeanor |
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| 21 | 21 | | if the commission of the offense results in bodily injury or death. |
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| 22 | 22 | | (d) Unless Subsection (c) applies, if it is shown on the |
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| 23 | 23 | | trial of the offense that the defendant has been previously |
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| 24 | 24 | | convicted under this section, the offense is a Class B misdemeanor. |
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| 25 | 25 | | (e) If [unless] it is shown on the trial of the offense that |
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| 26 | 26 | | the defendant has been previously convicted two or more times under |
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| 27 | 27 | | this section, [in which event] the offense is a state jail felony. |
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| 28 | 28 | | SECTION 2. Subchapter B, Chapter 352, Local Government |
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| 29 | 29 | | Code, is amended by adding Section 352.0221 to read as follows: |
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| 30 | 30 | | Sec. 352.0221. AUTHORITY OF CERTAIN COUNTY EMPLOYEES TO |
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| 31 | 31 | | ISSUE CITATION. (a) The commissioners court of a county with a |
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| 32 | 32 | | population of 3.3 million or more may grant the authority to issue a |
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| 33 | 33 | | citation under this section to a county employee who: |
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| 34 | 34 | | (1) is certified by the Texas Commission on Fire |
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| 35 | 35 | | Protection as a fire inspector; |
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| 36 | 36 | | (2) conducts fire or life safety inspections under |
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| 37 | 37 | | Section 352.016; and |
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| 38 | 38 | | (3) is not a peace officer. |
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| 39 | 39 | | (b) The employee may issue a citation in the unincorporated |
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| 40 | 40 | | area of the county only for: |
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| 41 | 41 | | (1) an offense under Section 352.022; or |
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| 42 | 42 | | (2) a violation of an order relating to fire or life |
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| 43 | 43 | | safety issued by the commissioners court that is reasonably |
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| 44 | 44 | | necessary to protect public safety and welfare. |
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| 45 | 45 | | (c) A citation issued under this section must state: |
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| 46 | 46 | | (1) the name of the person cited; |
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| 47 | 47 | | (2) the violation charged; and |
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| 48 | 48 | | (3) the time and place the person is required to appear |
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| 49 | 49 | | in court. |
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| 50 | 50 | | (d) If a person who receives a citation under this section |
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| 51 | 51 | | fails to appear in court on the return date of the citation, the |
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| 52 | 52 | | court may issue a warrant for the person's arrest for the violation |
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| 53 | 53 | | described in the citation. |
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| 54 | 54 | | SECTION 3. Section 352.022, Local Government Code, as |
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| 55 | 55 | | amended by this Act, applies only to an offense committed on or |
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| 56 | 56 | | after the effective date of this Act. An offense committed before |
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| 57 | 57 | | the effective date of this Act is governed by the law in effect on |
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| 58 | 58 | | the date the offense was committed, and the former law is continued |
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| 59 | 59 | | in effect for that purpose. For purposes of this section, an |
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| 60 | 60 | | offense was committed before the effective date of this Act if any |
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| 61 | 61 | | element of the offense was committed before that date. |
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| 62 | 62 | | SECTION 4. This Act takes effect September 1, 2019. |
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