Local
Enforcement
Both civil and criminal enforcement options are available for use in cases where voluntary compliance does not occur. Click here to view enforcement training video. The following enforcement options are available to counties and municipalities:
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Counties may use criminal or civil enforcement consistent with Chapter 7 of the Texas Water Code.
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Criminal penalties consistent with Chapter 7 may be too severe for the nature of the offense, so civil enforcement is recommended for counties. (Criminal penalties under Chapter 7 are arrest upon offense, a fine not less than $1,000 or more than $50,000 and/or confinement not to exceed 180 days)
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Counties may choose not to adopt the idling rules for criminal enforcement by indicating so in the MOA.
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Municipalities may use criminal or civil enforcement consistent with Chapter 7 of the Texas Water Code or may pass ordinances establishing enforcement procedures and penalties within their city limits.
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Municipalities may pass ordinances declaring idling a nuisance, in which case the ordinance would also apply in their extra-territorial jurisdiction.
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HB 1540 defines the penalty for idling in school zones or within 1000 feet of a school during its hours of operation while using the sleeper berth for a government mandated rest period as a fine not to exceed $500.
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