By: Kent, Miklos (Senate Sponsor - Deuell) H.B. No. 2647
(In the Senate - Received from the House May 1, 2009;
May 6, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2647 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to the quasi-judicial enforcement of certain health and
safety ordinances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.018(b), Local Government Code, is
amended to read as follows:
(b) In an action under this section, the municipality may
also bring:
(1) a claim for civil penalties under Section 54.017;
and
(2) an action in rem against the structure that may
result in a judgment against the structure as well as a judgment
against the defendant.
SECTION 2. Section 54.040(a), Local Government Code, is
amended to read as follows:
(a) An order issued under Section 54.036, including any
civil penalties assessed under Section 54.036(5), is enforceable in
the same manner as provided in Sections 214.001(k), (m), (n), and
(o). An abstract of judgment shall be ordered [issued] against all
parties found to be the owners of the subject property or in
possession of that property.
SECTION 3. Sections 214.003(a), (b), (c), and (i), Local
Government Code, are amended to read as follows:
(a) A home-rule municipality may bring an action in district
court against an owner of property that is not in substantial
compliance with:
(1) the municipal ordinances regarding:
(A) [(1)] fire protection;
(B) [(2)] structural integrity;
(C) [(3)] zoning; or
(D) [(4)] disposal of refuse; or
(2) a municipal ordinance described by Section
54.012(1), (2), (5), (6), (7), or (9).
(b) Except as provided by Subsection (c), the court may
appoint as a receiver for the property a nonprofit organization or
an individual with a demonstrated record of rehabilitating
properties if the court finds that:
(1) the structures on the property are in violation of
the standards set forth in Section 214.001(b) and an ordinance
described by Subsection (a);
(2) notice of violation was given to the record owner
of the property; and
(3) a public hearing as required by Section 214.001(d)
has been conducted.
(c) A receiver appointed under Subsection (b) may act [The
court may appoint] as a receiver for any property, including
historic property subject to Section 214.00111 [a nonprofit
organization or an individual with a demonstrated record of
rehabilitating historical buildings if the court finds that:
[(1) the structures on the property are in violation
of the standards established under Section 214.001(b) and an
ordinance described by Subsection (a);
[(2) the structure has been reviewed by the municipal
historic preservation board and the structure meets the criteria
set forth in Section 214.00111;
[(3) notice of the violation was given to the record
owner of the property; and
[(4) a public hearing as required by Section 214.001
has been conducted].
(i) Any record lienholder may, after initiation of an action
by a municipality:
(1) intervene in the action; and
(2) request appointment as a receiver:
(A) under the same conditions as the nonprofit
organization or individual; and
(B) on a demonstration to the court of an ability
and willingness to rehabilitate the property.
SECTION 4. This Act takes effect September 1, 2009.
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