| 1 | 1 | | H.B. No. 1819 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to minimum habitability standards for multi-family rental |
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| 6 | 6 | | buildings in certain municipalities; providing a penalty. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter G, Chapter 214, Local Government |
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| 9 | 9 | | Code, is amended by adding Section 214.219 to read as follows: |
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| 10 | 10 | | Sec. 214.219. MINIMUM HABITABILITY STANDARDS FOR |
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| 11 | 11 | | MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES. (a) This |
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| 12 | 12 | | section applies only to a municipality with a population of 1.7 |
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| 13 | 13 | | million or more. This section does not affect the authority of a |
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| 14 | 14 | | municipality to which this section does not apply to enact or |
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| 15 | 15 | | enforce laws relating to multi-family rental buildings. |
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| 16 | 16 | | (b) In this section: |
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| 17 | 17 | | (1) "Multi-family rental building" means a building |
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| 18 | 18 | | that has three or more single-family residential units. |
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| 19 | 19 | | (2) "Unit" means one or more rooms rented for use as a |
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| 20 | 20 | | permanent residence under a single lease to one or more tenants. |
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| 21 | 21 | | (c) A municipality shall adopt an ordinance to establish |
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| 22 | 22 | | minimum habitability standards for multi-family rental buildings, |
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| 23 | 23 | | including requiring maintenance of proper operating conditions. |
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| 24 | 24 | | (d) A municipality may establish other standards as |
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| 25 | 25 | | necessary to reduce material risks to the physical health or safety |
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| 26 | 26 | | of tenants of multi-family rental buildings. |
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| 27 | 27 | | (e) A municipality shall establish a program for the |
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| 28 | 28 | | inspection of multi-family rental buildings to determine if the |
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| 29 | 29 | | buildings meet the minimum required habitability standards. The |
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| 30 | 30 | | program shall include inspections under the direction of: |
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| 31 | 31 | | (1) the municipality's building official, as defined |
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| 32 | 32 | | by the International Building Code or by a local amendment to the |
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| 33 | 33 | | code under Section 214.216; |
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| 34 | 34 | | (2) the chief executive of the municipality's fire |
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| 35 | 35 | | department; and |
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| 36 | 36 | | (3) the municipality's health authority, as defined by |
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| 37 | 37 | | Section 121.021, Health and Safety Code. |
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| 38 | 38 | | (f) A municipality may not order the closure of a |
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| 39 | 39 | | multi-family rental building due to a violation of an ordinance |
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| 40 | 40 | | adopted by the municipality relating to habitability unless the |
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| 41 | 41 | | municipality makes a good faith effort to locate housing with |
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| 42 | 42 | | comparable rental rates in the same school district for the |
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| 43 | 43 | | residents displaced by the closure. |
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| 44 | 44 | | (g) The owner of a multi-family rental building commits an |
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| 45 | 45 | | offense if the owner violates an ordinance adopted under this |
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| 46 | 46 | | section. An offense under this subsection is a Class C misdemeanor. |
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| 47 | 47 | | Each day the violation continues constitutes a separate offense. |
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| 48 | 48 | | (h) A municipality may impose a civil penalty under Section |
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| 49 | 49 | | 54.017 for a violation of this section. |
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| 50 | 50 | | SECTION 2. A municipality shall adopt the minimum |
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| 51 | 51 | | habitability standards required by Section 214.219, Local |
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| 52 | 52 | | Government Code, as added by this Act, not later than December 31, |
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| 53 | 53 | | 2010. |
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| 54 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2009. |
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| 59 | 59 | | ______________________________ ______________________________ |
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| 60 | 60 | | President of the Senate Speaker of the House |
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| 61 | 61 | | I certify that H.B. No. 1819 was passed by the House on April |
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| 62 | 62 | | 7, 2009, by the following vote: Yeas 129, Nays 15, 1 present, not |
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| 63 | 63 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 64 | 64 | | No. 1819 on May 29, 2009, by the following vote: Yeas 124, Nays 12, |
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| 65 | 65 | | 2 present, not voting. |
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| 66 | 66 | | ______________________________ |
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| 67 | 67 | | Chief Clerk of the House |
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| 68 | 68 | | I certify that H.B. No. 1819 was passed by the Senate, with |
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| 69 | 69 | | amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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| 70 | 70 | | 0. |
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| 71 | 71 | | ______________________________ |
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| 72 | 72 | | Secretary of the Senate |
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| 73 | 73 | | APPROVED: __________________ |
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| 74 | 74 | | Date |
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| 75 | 75 | | __________________ |
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| 76 | 76 | | Governor |
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