81R4603 PAM-F
By: Patrick H.B. No. 2315
A BILL TO BE ENTITLED
AN ACT
relating to authorizing municipalities to assess fees on vacant
commercial buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 214, Local Government Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. VACANT COMMERCIAL BUILDINGS
Sec. 214.231. VACANT COMMERCIAL BUILDING. For purposes of
this subchapter, a commercial building is vacant if no person, as an
owner or tenant, conducts a business or resides in any part of the
building on a permanent basis.
Sec. 214.232. AUTHORITY TO ASSESS FEE. (a) A municipality
by ordinance may assess a fee on a vacant commercial building as
follows:
(1) $500 for a building that is vacant for 180 days or
more but less than two years;
(2) $1,000 for a building that is vacant for two years
or more but less than five years;
(3) $2,000 for a building that is vacant for five years
or more; and
(4) $500 for each year a building is vacant for more
than 10 years.
(b) A fee assessed under this subchapter is in addition to
any registration, inspection, or other regulatory fee assessed by a
municipality on a vacant commercial building.
(c) This subchapter does not apply to a commercial building
owned by a governmental entity.
Sec. 214.233. LIEN. (a) The municipality may obtain a lien
against the property on which a fee is assessed under this
subchapter unless the property is designated as homestead property.
(b) To obtain a lien against the property, the presiding
officer of the governing body of the municipality or the municipal
official designated by the presiding officer must file a fee
statement with the county clerk of the county in which the property
is located. The lien statement must include:
(1) the name and address of the owner of the property
if that information can be determined through reasonable diligence;
(2) a legal description of the property on which the
commercial building is located;
(3) the amount of the fee assessed; and
(4) the amount owed.
(c) The lien attaches on the filing of the lien statement
with the county clerk.
Sec. 214.234. USE OF FEES. (a) A fee assessed under this
subchapter may be used only to abate a violation of a municipal
ordinance regarding a nuisance condition or minimum standard for
use and occupancy of:
(1) a vacant commercial building; or
(2) a building on property that contains a vacant
commercial building.
(b) Authorized expenditures under Subsection (a) include:
(1) repairing, removing, securing, vacating, and
demolishing buildings;
(2) filling, draining, or otherwise abating stagnant
water conditions on property;
(3) cleaning of filth, carrion, or other impure or
unwholesome matter on property; or
(4) clearing unsightly, unsanitary, or unsafe
vegetation from property.
(c) A municipality may authorize work and expenditures for
work described by this section only after notice to the owner of the
property is provided as prescribed by the municipality's abatement
ordinance.
(d) A fee collected under this section may not be used to
abate a condition related to a commercial building owned by a
governmental entity.
SECTION 2. 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.