87(R) HB 72 - Enrolled version - Bill Text
| |
| |
| |
|
|
AN ACT
|
|
|
relating to the power of certain counties to enact certain park use |
|
|
rules; changing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 320.0455, Local |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 320.0455. RULES IN CERTAIN COUNTIES [A POPULOUS |
|
|
COUNTY]; PENALTY FOR VIOLATIONS. |
|
|
SECTION 2. Section 320.0455, Local Government Code, is |
|
|
amended by amending Subsections (a), (b), and (c) and adding |
|
|
Subsection (b-1) to read as follows: |
|
|
(a) This section applies only to a county with a population |
|
|
of: |
|
|
(1) [a county with a population of] 2.8 million or |
|
|
more; [and] |
|
|
(2) 580,000 or more that is adjacent to a county with a |
|
|
population of 2.8 million or more; or |
|
|
(3) [a county with a population of] more than 410,000 |
|
|
and less than 455,000. |
|
|
(b) Except as provided by Subsection (b-1), and subject |
|
|
[Subject] to the approval of the commissioners court, the board may |
|
|
adopt reasonable rules concerning the use of any park administered |
|
|
by the board. |
|
|
(b-1) A board created for a county described by Subsection |
|
|
(a)(2) may not adopt rules relating to the use of fireworks. |
|
|
(c) A person who [commits an offense if the person] violates |
|
|
a rule approved by the commissioners court under Subsection (b) is |
|
|
liable to the county for a civil penalty of not more than $100 per |
|
|
violation. A county may bring suit in a district court or county |
|
|
court to recover a civil penalty authorized by this subsection [An |
|
|
offense under this subsection is a Class C misdemeanor]. |
|
|
SECTION 3. The changes in law made by this Act do not affect |
|
|
the pending prosecution of an offense under Section 320.0455, Local |
|
|
Government Code, as that section existed immediately before 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. 72 was passed by the House on April |
|
|
30, 2021, by the following vote: Yeas 108, Nays 33, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 72 on May 28, 2021, by the following vote: Yeas 104, Nays 41, 1 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 72 was passed by the Senate, with |
|
|
amendments, on May 25, 2021, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |