| 4 | 12 | | AN ACT |
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| 5 | 13 | | relating to the offense of failure to comply with an order from a |
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| 6 | 14 | | fire marshal and the authority of certain county employees to issue |
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| 7 | 15 | | citations for certain violations; changing a criminal penalty. |
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| 8 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 17 | | SECTION 1. Section 352.022, Local Government Code, is |
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| 10 | 18 | | amended to read as follows: |
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| 11 | 19 | | Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a) |
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| 12 | 20 | | A person [An owner or occupant] who is subject to an order issued |
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| 13 | 21 | | under Section 352.016 commits an offense if that person fails to |
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| 14 | 22 | | comply with the order. Each refusal to comply is a separate |
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| 15 | 23 | | offense. |
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| 16 | 24 | | (b) Except as provided by Subsection (c), (d), or (e), an |
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| 17 | 25 | | [The] offense under this section is a Class C [B] misdemeanor. |
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| 18 | 26 | | (c) An offense under this section is a Class A misdemeanor |
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| 19 | 27 | | if the commission of the offense results in bodily injury or death. |
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| 20 | 28 | | (d) Unless Subsection (c) applies, if it is shown on the |
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| 21 | 29 | | trial of the offense that the defendant has been previously |
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| 22 | 30 | | convicted under this section, the offense is a Class B misdemeanor. |
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| 23 | 31 | | (e) If [unless] it is shown on the trial of the offense that |
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| 24 | 32 | | the defendant has been previously convicted two or more times under |
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| 25 | 33 | | this section, [in which event] the offense is a state jail felony. |
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| 26 | 34 | | SECTION 2. Subchapter B, Chapter 352, Local Government |
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| 27 | 35 | | Code, is amended by adding Section 352.0221 to read as follows: |
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| 28 | 36 | | Sec. 352.0221. AUTHORITY OF CERTAIN COUNTY EMPLOYEES TO |
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| 29 | 37 | | ISSUE CITATION. (a) This section applies only to: |
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| 30 | 38 | | (1) a county with a population of 3.3 million or more; |
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| 31 | 39 | | and |
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| 32 | 40 | | (2) a county with a population of 550,000 or more |
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| 33 | 41 | | adjacent to a county with a population of 3.3 million or more. |
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| 34 | 42 | | (b) The commissioners court of a county to which this |
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| 35 | 43 | | section applies may grant the authority to issue a citation under |
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| 36 | 44 | | this section to a county employee who: |
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| 37 | 45 | | (1) is certified by the Texas Commission on Fire |
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| 38 | 46 | | Protection as a fire inspector; |
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| 39 | 47 | | (2) conducts fire or life safety inspections under |
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| 40 | 48 | | Section 352.016; and |
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| 41 | 49 | | (3) is not a peace officer. |
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| 42 | 50 | | (c) The employee may issue a citation in the unincorporated |
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| 43 | 51 | | area of the county only for: |
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| 44 | 52 | | (1) an offense under Section 352.022; or |
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| 45 | 53 | | (2) a violation of an order relating to fire or life |
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| 46 | 54 | | safety issued by the commissioners court that is reasonably |
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| 47 | 55 | | necessary to protect public safety and welfare. |
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| 48 | 56 | | (d) A citation issued under this section must state: |
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| 49 | 57 | | (1) the name of the person cited; |
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| 50 | 58 | | (2) the violation charged; and |
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| 51 | 59 | | (3) the time and place the person is required to appear |
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| 52 | 60 | | in court. |
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| 53 | 61 | | (e) This section does not authorize the employee to arrest a |
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| 54 | 62 | | person. |
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| 55 | 63 | | (f) If a person who receives a citation under this section |
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| 56 | 64 | | fails to appear in court on the return date of the citation, the |
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| 57 | 65 | | court may issue a warrant for the person's arrest for the violation |
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| 58 | 66 | | described in the citation. |
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| 59 | 67 | | SECTION 3. Section 352.022, Local Government Code, as |
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| 60 | 68 | | amended by this Act, applies only to an offense committed on or |
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| 61 | 69 | | after the effective date of this Act. An offense committed before |
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| 62 | 70 | | the effective date of this Act is governed by the law in effect on |
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| 63 | 71 | | the date the offense was committed, and the former law is continued |
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| 64 | 72 | | in effect for that purpose. For purposes of this section, an |
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| 65 | 73 | | offense was committed before the effective date of this Act if any |
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| 66 | 74 | | element of the offense was committed before that date. |
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| 67 | 75 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 68 | | - | ______________________________ ______________________________ |
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| 69 | | - | President of the Senate Speaker of the House |
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| 70 | | - | I certify that H.B. No. 1240 was passed by the House on April |
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| 71 | | - | 23, 2021, by the following vote: Yeas 111, Nays 35, 2 present, not |
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| 72 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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| 73 | | - | No. 1240 on May 28, 2021, by the following vote: Yeas 100, Nays 40, |
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| 74 | | - | 1 present, not voting. |
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| 75 | | - | ______________________________ |
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| 76 | | - | Chief Clerk of the House |
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| 77 | | - | I certify that H.B. No. 1240 was passed by the Senate, with |
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| 78 | | - | amendments, on May 22, 2021, by the following vote: Yeas 26, Nays |
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| 79 | | - | 4. |
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| 80 | | - | ______________________________ |
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| 81 | | - | Secretary of the Senate |
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| 82 | | - | APPROVED: __________________ |
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| 83 | | - | Date |
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| 84 | | - | __________________ |
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| 85 | | - | Governor |
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| 76 | + | * * * * * |
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