M&C Review


COUNCIL ACTION:  Approved on 2/12/2019 - Ordinance No. 23569-02-2019

DATE: 2/12/2019 REFERENCE NO.: **G-19482 LOG NAME: 12CODE VIOLATIONS
CODE: G TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT:  

Adopt Ordinance Amending Section 1-6 of the City Code ("General Penalty for Violations of Code; Continuing Violations") and Various Related Sections of the City Code to Provide for the Application of Penalties and to Provide that a Culpable Mental State is Not Necessary for Prosecution Under Certain Circumstances in Accordance with State Law (ALL COUNCIL DISTRICTS)


RECOMMENDATION:

It is recommended that the City Council adopt the attached ordinance amending Chapter 1, "General Provisions" to amend Section 1-6, "General Penalty for Violations of Code; Continuing Violations" and various other sections of the City Code to clarify the application of penalties and to provide that a culpable mental state is not necessary for prosecution under certain circumstances, in accordance with state law.  

 
DISCUSSION:

Texas Penal Code, Sec. 6.02, requires proof of a culpable mental state for offenses punishable by fines exceeding $500.00, where a possible fine is less than $500.00, the City may choose not to require a culpable mental state.

In order to comply with state law, the ordinance will revise those sections in the Code to specify a culpable mental state for all violations where possible punishment exceeds $500.00 and remove the requirement for any violation where the punishment is less than $500.00.

This M&C does not request approval of a contract with a business entity.
 
FISCAL INFORMATION/CERTIFICATION:

The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.

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FROM
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Submitted for City Manager's Office by:
Susan Alanis (8180)
Originating Department Head:
Sarah Fullenwider (7606)
Additional Information Contact:
Steve Cumbie (6799)

 
 
ATTACHMENTS
  1-6 City Code.Penalty Ordinance Amd.docx