Texas 2021 - 87th Regular

Texas House Bill HB72 Compare Versions

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1-H.B. No. 72
1+By: Reynolds, Jetton, Stephenson H.B. No. 72
2+ (Senate Sponsor - Miles)
3+ (In the Senate - Received from the House May 3, 2021;
4+ May 10, 2021, read first time and referred to Committee on Local
5+ Government; May 22, 2021, reported adversely, with favorable
6+ Committee Substitute by the following vote: Yeas 8, Nays 0;
7+ May 22, 2021, sent to printer.)
8+Click here to see the committee vote
9+ COMMITTEE SUBSTITUTE FOR H.B. No. 72 By: Hall
210
311
12+ A BILL TO BE ENTITLED
413 AN ACT
514 relating to the power of certain counties to enact certain park use
615 rules; changing a criminal penalty.
716 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
817 SECTION 1. The heading to Section 320.0455, Local
918 Government Code, is amended to read as follows:
1019 Sec. 320.0455. RULES IN CERTAIN COUNTIES [A POPULOUS
1120 COUNTY]; PENALTY FOR VIOLATIONS.
1221 SECTION 2. Section 320.0455, Local Government Code, is
1322 amended by amending Subsections (a), (b), and (c) and adding
1423 Subsection (b-1) to read as follows:
1524 (a) This section applies only to a county with a population
1625 of:
1726 (1) [a county with a population of] 2.8 million or
1827 more; [and]
1928 (2) 580,000 or more that is adjacent to a county with a
2029 population of 2.8 million or more; or
2130 (3) [a county with a population of] more than 410,000
2231 and less than 455,000.
2332 (b) Except as provided by Subsection (b-1), and subject
2433 [Subject] to the approval of the commissioners court, the board may
2534 adopt reasonable rules concerning the use of any park administered
2635 by the board.
2736 (b-1) A board created for a county described by Subsection
2837 (a)(2) may not adopt rules relating to the use of fireworks.
2938 (c) A person who [commits an offense if the person] violates
3039 a rule approved by the commissioners court under Subsection (b) is
3140 liable to the county for a civil penalty of not more than $100 per
3241 violation. A county may bring suit in a district court or county
3342 court to recover a civil penalty authorized by this subsection [An
3443 offense under this subsection is a Class C misdemeanor].
3544 SECTION 3. The changes in law made by this Act do not affect
3645 the pending prosecution of an offense under Section 320.0455, Local
3746 Government Code, as that section existed immediately before the
3847 effective date of this Act. An offense committed before the
3948 effective date of this Act is governed by the law in effect on the
4049 date the offense was committed, and the former law is continued in
4150 effect for that purpose. For purposes of this section, an offense
4251 was committed before the effective date of this Act if any element
4352 of the offense was committed before that date.
4453 SECTION 4. This Act takes effect September 1, 2021.
45- ______________________________ ______________________________
46- President of the Senate Speaker of the House
47- I certify that H.B. No. 72 was passed by the House on April
48- 30, 2021, by the following vote: Yeas 108, Nays 33, 2 present, not
49- voting; and that the House concurred in Senate amendments to H.B.
50- No. 72 on May 28, 2021, by the following vote: Yeas 104, Nays 41, 1
51- present, not voting.
52- ______________________________
53- Chief Clerk of the House
54- I certify that H.B. No. 72 was passed by the Senate, with
55- amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
56- 0.
57- ______________________________
58- Secretary of the Senate
59- APPROVED: __________________
60- Date
61- __________________
62- Governor
54+ * * * * *