Miles Bill Raises City Dumping Fine Cap To $10,000

The text as introduced · 509 words

90R3254 DRS-D

By: Miles
S.B. No. 324

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of municipal rules, ordinances, or

police regulations prohibiting illegal dumping; increasing a

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.001(b), Local Government Code, is

amended to read as follows:

(b) A fine or penalty for the violation of a rule,

ordinance, or police regulation may not exceed $500 except that:

(1) a fine or penalty for the violation of a rule,

ordinance, or police regulation that governs fire safety, zoning,

or public health and sanitation, other than the dumping of refuse,

may not exceed $2,000; and

(2) a fine or penalty for the violation of a rule,

ordinance, or police regulation that governs the dumping of refuse

may not exceed $10,000 [ $4,000 ].

SECTION 2. Section 29.003(a), Government Code, is amended

to read as follows:

(a) A municipal court, including a municipal court of

record, shall have exclusive original jurisdiction within the

municipality's territorial limits and property owned by the

municipality located in the municipality's extraterritorial

jurisdiction in all criminal cases that:

(1) arise under:

(A) the ordinances of the municipality; or

(B) a resolution, rule, or order of a joint board

operating an airport under Section 22.074, Transportation Code; and

(2) are punishable by a fine not to exceed:

(A) $2,000 in all cases arising under municipal

ordinances or resolutions, rules, or orders of a joint board that

govern fire safety, zoning, or public health and sanitation, other

than the dumping of refuse;

(B) $10,000 [ $4,000 ] in cases arising under

municipal ordinances that govern the dumping of refuse; or

(C) $500 in all other cases arising under a

municipal ordinance or a resolution, rule, or order of a joint

board.

SECTION 3. Article 4.14(a), Code of Criminal Procedure, is

amended to read as follows:

(a) A municipal court, including a municipal court of

record, shall have exclusive original jurisdiction within the

territorial limits of the municipality in all criminal cases that:

(1) arise under the ordinances of the municipality;

and

(2) are punishable by a fine not to exceed:

(A) $2,000 in all cases arising under municipal

ordinances that govern fire safety, zoning, or public health and

sanitation, other than the dumping of refuse;

(B) $10,000 [ $4,000 ] in cases arising under

municipal ordinances that govern the dumping of refuse; or

(C) $500 in all other cases arising under a

municipal ordinance.

SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2027.