1 | | - | H.B. No. 72 |
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| 1 | + | By: Reynolds, Jetton, Stephenson H.B. No. 72 |
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| 2 | + | (Senate Sponsor - Miles) |
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| 3 | + | (In the Senate - Received from the House May 3, 2021; |
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| 4 | + | May 10, 2021, read first time and referred to Committee on Local |
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| 5 | + | Government; May 22, 2021, reported adversely, with favorable |
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| 6 | + | Committee Substitute by the following vote: Yeas 8, Nays 0; |
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| 7 | + | May 22, 2021, sent to printer.) |
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| 8 | + | Click here to see the committee vote |
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| 9 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 72 By: Hall |
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4 | 13 | | AN ACT |
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5 | 14 | | relating to the power of certain counties to enact certain park use |
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6 | 15 | | rules; changing a criminal penalty. |
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7 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 17 | | SECTION 1. The heading to Section 320.0455, Local |
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9 | 18 | | Government Code, is amended to read as follows: |
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10 | 19 | | Sec. 320.0455. RULES IN CERTAIN COUNTIES [A POPULOUS |
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11 | 20 | | COUNTY]; PENALTY FOR VIOLATIONS. |
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12 | 21 | | SECTION 2. Section 320.0455, Local Government Code, is |
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13 | 22 | | amended by amending Subsections (a), (b), and (c) and adding |
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14 | 23 | | Subsection (b-1) to read as follows: |
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15 | 24 | | (a) This section applies only to a county with a population |
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16 | 25 | | of: |
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17 | 26 | | (1) [a county with a population of] 2.8 million or |
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18 | 27 | | more; [and] |
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19 | 28 | | (2) 580,000 or more that is adjacent to a county with a |
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20 | 29 | | population of 2.8 million or more; or |
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21 | 30 | | (3) [a county with a population of] more than 410,000 |
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22 | 31 | | and less than 455,000. |
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23 | 32 | | (b) Except as provided by Subsection (b-1), and subject |
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24 | 33 | | [Subject] to the approval of the commissioners court, the board may |
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25 | 34 | | adopt reasonable rules concerning the use of any park administered |
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26 | 35 | | by the board. |
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27 | 36 | | (b-1) A board created for a county described by Subsection |
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28 | 37 | | (a)(2) may not adopt rules relating to the use of fireworks. |
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29 | 38 | | (c) A person who [commits an offense if the person] violates |
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30 | 39 | | a rule approved by the commissioners court under Subsection (b) is |
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31 | 40 | | liable to the county for a civil penalty of not more than $100 per |
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32 | 41 | | violation. A county may bring suit in a district court or county |
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33 | 42 | | court to recover a civil penalty authorized by this subsection [An |
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34 | 43 | | offense under this subsection is a Class C misdemeanor]. |
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35 | 44 | | SECTION 3. The changes in law made by this Act do not affect |
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36 | 45 | | the pending prosecution of an offense under Section 320.0455, Local |
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37 | 46 | | Government Code, as that section existed immediately before the |
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38 | 47 | | effective date of this Act. An offense committed before the |
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39 | 48 | | effective date of this Act is governed by the law in effect on the |
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40 | 49 | | date the offense was committed, and the former law is continued in |
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41 | 50 | | effect for that purpose. For purposes of this section, an offense |
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42 | 51 | | was committed before the effective date of this Act if any element |
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43 | 52 | | of the offense was committed before that date. |
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44 | 53 | | SECTION 4. This Act takes effect September 1, 2021. |
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45 | | - | ______________________________ ______________________________ |
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46 | | - | President of the Senate Speaker of the House |
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47 | | - | I certify that H.B. No. 72 was passed by the House on April |
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48 | | - | 30, 2021, by the following vote: Yeas 108, Nays 33, 2 present, not |
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49 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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50 | | - | No. 72 on May 28, 2021, by the following vote: Yeas 104, Nays 41, 1 |
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51 | | - | present, not voting. |
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52 | | - | ______________________________ |
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53 | | - | Chief Clerk of the House |
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54 | | - | I certify that H.B. No. 72 was passed by the Senate, with |
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55 | | - | amendments, on May 25, 2021, by the following vote: Yeas 31, Nays |
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56 | | - | 0. |
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57 | | - | ______________________________ |
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58 | | - | Secretary of the Senate |
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59 | | - | APPROVED: __________________ |
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60 | | - | Date |
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61 | | - | __________________ |
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62 | | - | Governor |
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| 54 | + | * * * * * |
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