H.B. No. 1819
AN ACT
relating to minimum habitability standards for multi-family rental
buildings in certain municipalities; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 214, Local Government
Code, is amended by adding Section 214.219 to read as follows:
Sec. 214.219. MINIMUM HABITABILITY STANDARDS FOR
MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES. (a) This
section applies only to a municipality with a population of 1.7
million or more. This section does not affect the authority of a
municipality to which this section does not apply to enact or
enforce laws relating to multi-family rental buildings.
(b) In this section:
(1) "Multi-family rental building" means a building
that has three or more single-family residential units.
(2) "Unit" means one or more rooms rented for use as a
permanent residence under a single lease to one or more tenants.
(c) A municipality shall adopt an ordinance to establish
minimum habitability standards for multi-family rental buildings,
including requiring maintenance of proper operating conditions.
(d) A municipality may establish other standards as
necessary to reduce material risks to the physical health or safety
of tenants of multi-family rental buildings.
(e) A municipality shall establish a program for the
inspection of multi-family rental buildings to determine if the
buildings meet the minimum required habitability standards. The
program shall include inspections under the direction of:
(1) the municipality's building official, as defined
by the International Building Code or by a local amendment to the
code under Section 214.216;
(2) the chief executive of the municipality's fire
department; and
(3) the municipality's health authority, as defined by
Section 121.021, Health and Safety Code.
(f) A municipality may not order the closure of a
multi-family rental building due to a violation of an ordinance
adopted by the municipality relating to habitability unless the
municipality makes a good faith effort to locate housing with
comparable rental rates in the same school district for the
residents displaced by the closure.
(g) The owner of a multi-family rental building commits an
offense if the owner violates an ordinance adopted under this
section. An offense under this subsection is a Class C misdemeanor.
Each day the violation continues constitutes a separate offense.
(h) A municipality may impose a civil penalty under Section
54.017 for a violation of this section.
SECTION 2. A municipality shall adopt the minimum
habitability standards required by Section 214.219, Local
Government Code, as added by this Act, not later than December 31,
2010.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1819 was passed by the House on April
7, 2009, by the following vote: Yeas 129, Nays 15, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1819 on May 29, 2009, by the following vote: Yeas 124, Nays 12,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1819 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor