Texas 2009 - 81st Regular

Texas House Bill HB3065 Compare Versions

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1	1	H.B. No. 3065
2	2
3	3
4	4	AN ACT
5	5	relating to municipal registration of vacant buildings in certain
6	6	counties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 214, Local Government Code, is amended
9	9	by adding Subchapter H to read as follows:
10	10	SUBCHAPTER H. REGISTRATION OF VACANT BUILDINGS
11	11	Sec. 214.231. DEFINITIONS. In this subchapter:
12	12	(1) "Building" means any enclosed structure designed
13	13	for use as a habitation or for a commercial use, including engaging
14	14	in trade or manufacture.
15	15	(2) "Owner" means the person that owns the real
16	16	property on which a building is situated, according to:
17	17	(A) the real property records of the county in
18	18	which the property is located; or
19	19	(B) the records of the appraisal district in
20	20	which the property is located.
21	21	(3) "Unit" means an enclosed area designed:
22	22	(A) for habitation by a single family; or
23	23	(B) for a commercial use, including engaging in
24	24	trade or manufacture, by a tenant.
25	25	Sec. 214.232. PRESUMPTION OF VACANCY. A building is
26	26	presumed to be vacant under this subchapter if:
27	27	(1) all lawful residential, commercial, recreational,
28	28	charitable, or construction activity at the building has ceased, or
29	29	reasonably appears to have ceased, for more than 150 days; or
30	30	(2) the building contains more than three units, 75
31	31	percent or more of which have not been used lawfully, or reasonably
32	32	appear not to have been used lawfully, for more than 150 days.
33	33	Sec. 214.233. REGISTRATION. (a) A municipality located in
34	34	a county with a population of 1.5 million or more may adopt an
35	35	ordinance requiring owners of vacant buildings to register their
36	36	buildings by filing a registration form with a designated municipal
37	37	official.
38	38	(b) A municipality, in an ordinance adopted under this
39	39	subchapter, may exempt certain classifications of buildings as
40	40	determined reasonable and appropriate by the governing body of the
41	41	municipality.
42	42	Sec. 214.234. FORM. An ordinance adopted under this
43	43	subchapter may require a designated municipal official to adopt a
44	44	form for registration. The form adopted may require the disclosure
45	45	of information reasonably necessary for the municipality to
46	46	minimize the threat to health, safety, and welfare that a vacant
47	47	building may present to the public.
48	48	SECTION 2. This Act takes effect January 1, 2010.
49	49	______________________________ ______________________________
50	50	President of the Senate Speaker of the House
51	51	I certify that H.B. No. 3065 was passed by the House on May
52	52	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
53	53	voting; that the House refused to concur in Senate amendments to
54	54	H.B. No. 3065 on May 29, 2009, and requested the appointment of a
55	55	conference committee to consider the differences between the two
56	56	houses; and that the House adopted the conference committee report
57	57	on H.B. No. 3065 on May 31, 2009, by the following vote: Yeas 142,
58	58	Nays 0, 1 present, not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	I certify that H.B. No. 3065 was passed by the Senate, with
62	62	amendments, on May 26, 2009, by the following vote: Yeas 30, Nays
63	63	1; at the request of the House, the Senate appointed a conference
64	64	committee to consider the differences between the two houses; and
65	65	that the Senate adopted the conference committee report on H.B. No.
66	66	3065 on May 31, 2009, by the following vote: Yeas 30, Nays 1.
67	67	______________________________
68	68	Secretary of the Senate
69	69	APPROVED: __________________
70	70	Date
71	71	__________________
72	72	Governor