Bill Text: TX HB2215 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to notice and opportunity to cure before filing certain enforcement actions against subdividers of land in certain border and economically distressed counties.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2015-03-30 - Left pending in committee [HB2215 Detail]
Download: Texas-2015-HB2215-Introduced.html
By: Guillen | H.B. No. 2215 |
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relating to notice and opportunity to cure before filing certain | ||
enforcement actions against subdividers of land in certain border | ||
and economically distressed counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0375 to read as follows: | ||
Sec. 232.0375. NOTICE AND OPPORTUNITY TO CURE REQUIRED | ||
BEFORE FILING ENFORCEMENT ACTION. (a) Before a civil enforcement | ||
action may be filed against a subdivider under this subchapter, the | ||
subdivider must be notified in writing about the general nature of | ||
the alleged violation and given 90 days from the notification date | ||
to cure the violation. After the 90th day after the date of the | ||
notification, the enforcement action may proceed. | ||
(b) This section does not apply to a civil enforcement | ||
action if the attorney general, district attorney, or county | ||
attorney asserts that: | ||
(1) an alleged violation or threatened violation poses | ||
an eminent threat to a consumer or to the health and safety of any | ||
person; or | ||
(2) a delay in bringing an enforcement action may | ||
result in financial loss or increased costs to any person, | ||
including the county. | ||
(c) This section does not apply if an enforcement action has | ||
previously been filed against the subdivider for the same or | ||
another alleged violation and had an adverse ruling by a court of | ||
competent jurisdiction. | ||
(d) This section does not apply to an action filed by a | ||
private individual. | ||
SECTION 2. Subchapter C, Chapter 232, Local Government | ||
Code, is amended by adding Section 232.0805 to read as follows: | ||
Sec. 232.0805. NOTICE AND OPPORTUNITY TO CURE REQUIRED | ||
BEFORE FILING ENFORCEMENT ACTION. (a) In this section, | ||
"subdivider" has the meaning assigned by Section 232.021. | ||
(b) Before a civil enforcement action may be filed against a | ||
subdivider under this subchapter, the subdivider must be notified | ||
in writing about the general nature of the alleged violation and | ||
given 90 days from the notification date to cure the violation. | ||
After the 90th day after the date of the notification, the | ||
enforcement action may proceed. | ||
(c) This section does not apply to a civil enforcement | ||
action if the attorney general, district attorney, or county | ||
attorney asserts that: | ||
(1) an alleged violation or threatened violation poses | ||
an eminent threat to a consumer or to the health and safety of any | ||
person; or | ||
(2) a delay in bringing an enforcement action may | ||
result in financial loss or increased costs to any person, | ||
including the county. | ||
(d) This section does not apply if an enforcement action has | ||
previously been filed against the subdivider for the same or | ||
another alleged violation and had an adverse ruling by a court of | ||
competent jurisdiction. | ||
(e) This section does not apply to an action filed by | ||
private individual. | ||
SECTION 3. Subchapter J, Chapter 16, Water Code, is amended | ||
by adding Section 16.3541 to read as follows: | ||
Sec. 16.3541. NOTICE AND OPPORTUNITY TO CURE REQUIRED | ||
BEFORE FILING ENFORCEMENT ACTION. (a) In this section, | ||
"subdivider" has the meaning assigned by Section 232.021, Local | ||
Government Code. | ||
(b) Before a civil enforcement action may be filed against a | ||
subdivider under this subchapter, the subdivider must be notified | ||
in writing about the general nature of the alleged violation and | ||
given 90 days from the notification date to cure the violation. | ||
After the 90th day after the date of the notification, the | ||
enforcement action may proceed. | ||
(c) This section does not apply to a civil enforcement | ||
action if the attorney general, district attorney, or county | ||
attorney asserts that: | ||
(1) an alleged violation or threatened violation poses | ||
an eminent threat to a consumer or to the health and safety of any | ||
person; or | ||
(2) a delay in bringing an enforcement action may | ||
result in financial loss or increased costs to any person, | ||
including the county. | ||
(d) This section does not apply if an enforcement action has | ||
previously been filed against the subdivider for the same or | ||
another alleged violation and had an adverse ruling by a court of | ||
competent jurisdiction. | ||
SECTION 4. This Act takes effect September 1, 2015. |