Bill Text: TX HB1240 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the offense of failure to comply with an order from a fire marshal and the authority of certain county employees to issue citations for certain violations; changing a criminal penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2021-06-18 - Vetoed by the Governor [HB1240 Detail]
Download: Texas-2021-HB1240-Enrolled.html
H.B. No. 1240 |
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relating to the offense of failure to comply with an order from a | ||
fire marshal and the authority of certain county employees to issue | ||
citations for certain violations; changing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 352.022, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. (a) | ||
A person [ |
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under Section 352.016 commits an offense if that person fails to | ||
comply with the order. Each refusal to comply is a separate | ||
offense. | ||
(b) Except as provided by Subsection (c), (d), or (e), an | ||
[ |
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(c) An offense under this section is a Class A misdemeanor | ||
if the commission of the offense results in bodily injury or death. | ||
(d) Unless Subsection (c) applies, if it is shown on the | ||
trial of the offense that the defendant has been previously | ||
convicted under this section, the offense is a Class B misdemeanor. | ||
(e) If [ |
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the defendant has been previously convicted two or more times under | ||
this section, [ |
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SECTION 2. Subchapter B, Chapter 352, Local Government | ||
Code, is amended by adding Section 352.0221 to read as follows: | ||
Sec. 352.0221. AUTHORITY OF CERTAIN COUNTY EMPLOYEES TO | ||
ISSUE CITATION. (a) This section applies only to: | ||
(1) a county with a population of 3.3 million or more; | ||
and | ||
(2) a county with a population of 550,000 or more | ||
adjacent to a county with a population of 3.3 million or more. | ||
(b) The commissioners court of a county to which this | ||
section applies may grant the authority to issue a citation under | ||
this section to a county employee who: | ||
(1) is certified by the Texas Commission on Fire | ||
Protection as a fire inspector; | ||
(2) conducts fire or life safety inspections under | ||
Section 352.016; and | ||
(3) is not a peace officer. | ||
(c) The employee may issue a citation in the unincorporated | ||
area of the county only for: | ||
(1) an offense under Section 352.022; or | ||
(2) a violation of an order relating to fire or life | ||
safety issued by the commissioners court that is reasonably | ||
necessary to protect public safety and welfare. | ||
(d) A citation issued under this section must state: | ||
(1) the name of the person cited; | ||
(2) the violation charged; and | ||
(3) the time and place the person is required to appear | ||
in court. | ||
(e) This section does not authorize the employee to arrest a | ||
person. | ||
(f) If a person who receives a citation under this section | ||
fails to appear in court on the return date of the citation, the | ||
court may issue a warrant for the person's arrest for the violation | ||
described in the citation. | ||
SECTION 3. Section 352.022, Local Government Code, as | ||
amended by this Act, applies only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the offense was committed, and the former law is continued | ||
in effect for that purpose. For purposes of this section, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense was committed before that date. | ||
SECTION 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1240 was passed by the House on April | ||
23, 2021, by the following vote: Yeas 111, Nays 35, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1240 on May 28, 2021, by the following vote: Yeas 100, Nays 40, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1240 was passed by the Senate, with | ||
amendments, on May 22, 2021, by the following vote: Yeas 26, Nays | ||
4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |