HBA-MPA H.B. 2265 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2265 By: Hamric County Affairs 4/11/1999 Introduced BACKGROUND AND PURPOSE The Harris County Road Law (Law) was originally passed in 1913. H.B. 2265 updates the provisions of the law to conform to practices under the Government Code and the Local Government Code. This bill gives the county authority to seek a civil penalty for a person who violates the Law, and relieves the county of the requirement to publish notice of any rules adopted under the Law in a general circulation newspaper. This bill also deletes provisions regarding the purchase of vehicles for county commissioners, subcontractor's claims, and setting the compensation of the county judge. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1-A, Chapter 17, Special Laws, Acts of the 33rd Legislature, Regular Session, 1913, as added by Chapter 801, Acts of the 68th Legislature, Regular Session, 1983, to authorize the commissioners court of Harris County to prohibit the discharge of sewage and municipal, recreational, or industrial waste into drainage ditches of county roads which is not discharged in accordance with the Texas Natural Resource Conservation Commission, rather than Department of Water Resources. SECTION 2. Amends Section 2, Chapter 17, Special Laws, Acts of the 33rd Legislature, Regular Session, 1913, as amended by Section 2, Chapter 801, Acts of the 68th Legislature, Regular Session, 1983, to authorize a county to institute a civil suit in district court against a person who violates a rule or regulation under this section. Authorizes the court, on finding a violation of the rule or regulation, to grant injunctive relief to restrain the person from engaging in or continuing the violation, impose a civil penalty of not more than $200 payable to the county, or both. Makes conforming and nonsubstative changes. SECTION 3. Amends Section 3, Chapter 17, Special Laws, Acts of the 33rd Legislature, Regular Session, 1913, to make a nonsubstantive change. SECTION 4. Amends Section 32, Chapter 17, Special Laws, Acts of the 33rd Legislature, Regular Session, 1913, to delete a restriction on the county judge's annual ex officio compensation to no more than $3,000, and to make conforming and nonsubstantive changes. SECTION 5. Repealer: (1) Section 5-a, Chapter 17, Special Laws, Acts of the 33rd Legislature, Regular Session, 1913, as added by Chapter 205, Acts of the 50th Legislature, Regular Session, 1947; and (2) Section 28-b, Chapter 17, Special Laws, Acts of the 33rd Legislature, Regular Session, 1913, as added by Chapter 15, Special Laws, Acts of the 42nd Legislature, Regular Session, 1931. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.