| 1 | 1 | | 89R10299 CMO-D |
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| 2 | 2 | | By: Miles S.B. No. 1773 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the enforcement of municipal rules, ordinances, or |
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| 10 | 10 | | police regulations prohibiting illegal dumping; increasing a |
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| 11 | 11 | | penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 54.001(b), Local Government Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (b) A fine or penalty for the violation of a rule, |
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| 16 | 16 | | ordinance, or police regulation may not exceed $500 except that: |
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| 17 | 17 | | (1) a fine or penalty for the violation of a rule, |
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| 18 | 18 | | ordinance, or police regulation that governs fire safety, zoning, |
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| 19 | 19 | | or public health and sanitation, other than the dumping of refuse, |
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| 20 | 20 | | may not exceed $2,000; and |
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| 21 | 21 | | (2) a fine or penalty for the violation of a rule, |
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| 22 | 22 | | ordinance, or police regulation that governs the dumping of refuse |
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| 23 | 23 | | may not exceed $10,000 [$4,000]. |
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| 24 | 24 | | SECTION 2. Section 29.003(a), Government Code, is amended |
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| 25 | 25 | | to read as follows: |
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| 26 | 26 | | (a) A municipal court, including a municipal court of |
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| 27 | 27 | | record, shall have exclusive original jurisdiction within the |
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| 28 | 28 | | municipality's territorial limits and property owned by the |
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| 29 | 29 | | municipality located in the municipality's extraterritorial |
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| 30 | 30 | | jurisdiction in all criminal cases that: |
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| 31 | 31 | | (1) arise under: |
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| 32 | 32 | | (A) the ordinances of the municipality; or |
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| 33 | 33 | | (B) a resolution, rule, or order of a joint board |
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| 34 | 34 | | operating an airport under Section 22.074, Transportation Code; and |
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| 35 | 35 | | (2) are punishable by a fine not to exceed: |
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| 36 | 36 | | (A) $2,000 in all cases arising under municipal |
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| 37 | 37 | | ordinances or resolutions, rules, or orders of a joint board that |
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| 38 | 38 | | govern fire safety, zoning, or public health and sanitation, other |
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| 39 | 39 | | than the dumping of refuse; |
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| 40 | 40 | | (B) $10,000 [$4,000] in cases arising under |
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| 41 | 41 | | municipal ordinances that govern the dumping of refuse; or |
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| 42 | 42 | | (C) $500 in all other cases arising under a |
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| 43 | 43 | | municipal ordinance or a resolution, rule, or order of a joint |
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| 44 | 44 | | board. |
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| 45 | 45 | | SECTION 3. Article 4.14(a), Code of Criminal Procedure, is |
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| 46 | 46 | | amended to read as follows: |
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| 47 | 47 | | (a) A municipal court, including a municipal court of |
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| 48 | 48 | | record, shall have exclusive original jurisdiction within the |
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| 49 | 49 | | territorial limits of the municipality in all criminal cases that: |
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| 50 | 50 | | (1) arise under the ordinances of the municipality; |
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| 51 | 51 | | and |
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| 52 | 52 | | (2) are punishable by a fine not to exceed: |
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| 53 | 53 | | (A) $2,000 in all cases arising under municipal |
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| 54 | 54 | | ordinances that govern fire safety, zoning, or public health and |
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| 55 | 55 | | sanitation, other than the dumping of refuse; |
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| 56 | 56 | | (B) $10,000 [$4,000] in cases arising under |
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| 57 | 57 | | municipal ordinances that govern the dumping of refuse; or |
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| 58 | 58 | | (C) $500 in all other cases arising under a |
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| 59 | 59 | | municipal ordinance. |
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| 60 | 60 | | SECTION 4. The changes in law made by this Act apply only to |
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| 61 | 61 | | an offense committed on or after the effective date of this Act. An |
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| 62 | 62 | | offense committed before the effective date of this Act is governed |
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| 63 | 63 | | by the law in effect when the offense was committed, and the former |
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| 64 | 64 | | law is continued in effect for that purpose. For purposes of this |
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| 65 | 65 | | section, an offense was committed before the effective date of this |
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| 66 | 66 | | Act if any element of the offense was committed before that date. |
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| 67 | 67 | | SECTION 5. This Act takes effect September 1, 2025. |
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