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By: Creighton |
S.B. No. 1117 |
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(In the Senate - Filed February 27, 2017; March 7, 2017, |
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read first time and referred to Committee on Intergovernmental |
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Relations; May 12, 2017, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 6, Nays 0; |
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May 12, 2017, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1117 |
By: Garcia |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of failure to comply with an order from a |
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fire marshal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 352.022, Local Government Code, is |
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amended to read as follows: |
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Sec. 352.022. PENALTY FOR FAILURE TO COMPLY WITH ORDER. |
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(a) A person [An owner or occupant] who is subject to an order |
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issued under Section 352.016 commits an offense if that person |
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fails to comply with the order. Each refusal to comply is a |
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separate offense. |
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(b) Except as provided by Subsection (c) or (d), an [The] |
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offense under this section is a Class C [B] misdemeanor. |
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(c) An offense under this section is a Class B misdemeanor |
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if the commission of the offense results in: |
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(1) property damage in an amount of $200 or more; or |
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(2) bodily injury or death. |
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(d) If [unless] it is shown on the trial of the offense that |
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the defendant has been previously convicted two or more times under |
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this section, [in which event] the offense is a state jail felony. |
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SECTION 2. Section 352.022, Local Government Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |
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* * * * * |