Texas House Bill HB2350

Texas 2009 - 81st Regular

Caption

Relating to the authority of certain municipalities to require trust accounts for certain commercial buildings; providing a criminal penalty.

Impact

The enactment of HB2350 would significantly alter how municipalities handle non-compliant commercial properties. By allowing municipalities to impose trust accounts, the bill aims to ensure that funds are adequately reserved for compliance-related expenses. This change addresses public safety concerns while providing municipalities a tool to enforce building regulations more effectively. However, the bill does not apply to all municipalities, only those in counties with populations exceeding 3.3 million, which could lead to disparities in enforcement and compliance across the state.

Summary

House Bill 2350 grants specific municipalities in Texas the authority to require owners of certain commercial buildings to establish trust accounts for compliance with the International Building Code. This legislation targets areas where buildings are found to be hazardous and not in compliance with safety standards. The bill outlines that a municipal official can issue a trust order requiring the creation of these accounts when there is an immediate danger to human life or property due to the building's condition. The trust account would mandate the deposit of all rental income, restricting withdrawals to necessary payments such as taxes and utility bills.

Contention

Notable points of contention surrounding HB2350 include concerns from property owners about the financial burden created by such trust accounts. Critics argue that this requirement could place unnecessary financial strain on property owners, particularly those managing aging buildings. Additionally, there are worries about the degree of authority being granted to municipal officials, as these powers may be seen as overreaching. Supporters of the bill maintain that it is a necessary step to ensure public safety and proper management of potentially dangerous properties.