H.B. No. 3065
AN ACT
relating to municipal registration of vacant buildings in certain
counties.
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. REGISTRATION OF VACANT BUILDINGS
Sec. 214.231. DEFINITIONS. In this subchapter:
(1) "Building" means any enclosed structure designed
for use as a habitation or for a commercial use, including engaging
in trade or manufacture.
(2) "Owner" means the person that owns the real
property on which a building is situated, according to:
(A) the real property records of the county in
which the property is located; or
(B) the records of the appraisal district in
which the property is located.
(3) "Unit" means an enclosed area designed:
(A) for habitation by a single family; or
(B) for a commercial use, including engaging in
trade or manufacture, by a tenant.
Sec. 214.232. PRESUMPTION OF VACANCY. A building is
presumed to be vacant under this subchapter if:
(1) all lawful residential, commercial, recreational,
charitable, or construction activity at the building has ceased, or
reasonably appears to have ceased, for more than 150 days; or
(2) the building contains more than three units, 75
percent or more of which have not been used lawfully, or reasonably
appear not to have been used lawfully, for more than 150 days.
Sec. 214.233. REGISTRATION. (a) A municipality located in
a county with a population of 1.5 million or more may adopt an
ordinance requiring owners of vacant buildings to register their
buildings by filing a registration form with a designated municipal
official.
(b) A municipality, in an ordinance adopted under this
subchapter, may exempt certain classifications of buildings as
determined reasonable and appropriate by the governing body of the
municipality.
Sec. 214.234. FORM. An ordinance adopted under this
subchapter may require a designated municipal official to adopt a
form for registration. The form adopted may require the disclosure
of information reasonably necessary for the municipality to
minimize the threat to health, safety, and welfare that a vacant
building may present to the public.
SECTION 2. This Act takes effect January 1, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3065 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3065 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3065 on May 31, 2009, by the following vote: Yeas 142,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3065 was passed by the Senate, with
amendments, on May 26, 2009, by the following vote: Yeas 30, Nays
1; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3065 on May 31, 2009, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor