Texas House Bill HB2315

Texas 2009 - 81st Regular

Caption

Relating to authorizing municipalities to assess fees on vacant commercial buildings.

Impact

The bill alters Chapter 214 of the Texas Local Government Code by adding specific provisions concerning vacant commercial buildings. The resulting regulatory framework allows municipalities to take a more active role in managing the fate of these properties. The imposition of fees is perceived as both a financial disincentive for property owners to leave buildings unoccupied and as a means of generating funds to rectify hazardous conditions associated with neglected properties, thereby aiming to improve the overall health of the community.

Summary

House Bill 2315 seeks to empower municipalities to impose fees on vacant commercial buildings. This measure is designed to incentivize the timely reoccupation of these properties, thus potentially enhancing community aesthetics and public safety. Under this bill, a tiered fee structure is introduced based on the duration a building has been vacant, with fees increasing for longer periods of vacancy. Specifically, buildings vacant for 180 days to less than two years may incur a fee of $500, escalating to $2,000 for those vacant for five years or more. Funds gathered through these fees can be utilized solely for addressing violations relating to nuisance conditions on the properties.

Contention

While proponents advocate for the potential benefits in revitalizing neighborhoods and reducing blight, critics express concerns that the fees could unfairly burden property owners, particularly small business owners facing economic difficulties. The concern is that such regulations might deter investment in areas that are already economically challenged. Furthermore, exclusions for government-owned properties have raised questions about fairness and the intended application of the policy, leading to debates on the effectiveness and equity of the proposed fees.