| 1 | 1 | | By: Riddle H.B. No. 3682 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of uninhabitable, unsafe, or abandoned |
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| 7 | 7 | | structures by certain counties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 233, Local Government Code, is amended |
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| 10 | 10 | | by adding Subchapter E to read as follows: |
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| 11 | 11 | | SUBCHAPTER E. UNINHABITABLE, UNSAFE, OR ABANDONED STRUCTURES |
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| 12 | 12 | | Sec. 233.121. APPLICABILITY. This subchapter applies only |
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| 13 | 13 | | to a county with a population of 3.3 million or more. |
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| 14 | 14 | | Sec. 233.122. AUTHORITY TO REGULATE. To promote public |
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| 15 | 15 | | health, safety, and welfare, the commissioners court of a county by |
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| 16 | 16 | | order may prohibit or otherwise regulate uninhabitable, unsafe, or |
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| 17 | 17 | | abandoned structures. |
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| 18 | 18 | | Sec. 233.123. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF |
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| 19 | 19 | | BUILDING OR OTHER STRUCTURE. (a) If the commissioners court of a |
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| 20 | 20 | | county finds that a structure, or part of a structure, is likely to |
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| 21 | 21 | | endanger persons or property, the commissioners court may: |
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| 22 | 22 | | (1) order the owner of the structure, the owner's |
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| 23 | 23 | | agent, or the owner or occupant of the property on which the |
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| 24 | 24 | | structure is located to repair, remove, or demolish the structure, |
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| 25 | 25 | | or the part of the structure, within a specified time; or |
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| 26 | 26 | | (2) repair, remove, or demolish the structure, or the |
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| 27 | 27 | | part of the structure, at the expense of the county, on behalf of |
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| 28 | 28 | | the owner of the structure or the owner of the property on which the |
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| 29 | 29 | | structure is located, and assess the repair, removal, or demolition |
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| 30 | 30 | | expenses on the property on which the structure was located. |
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| 31 | 31 | | (b) The commissioners court shall provide by order for: |
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| 32 | 32 | | (1) the assessment of repair, removal, or demolition |
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| 33 | 33 | | expenses incurred under Subsection (a)(2); |
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| 34 | 34 | | (2) a method of giving notice of the assessment; and |
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| 35 | 35 | | (3) a method of recovering the expenses. |
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| 36 | 36 | | Sec. 233.124. CUMULATIVE EFFECT. Authority under this |
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| 37 | 37 | | subchapter is cumulative of other authority that a county has to |
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| 38 | 38 | | regulate structures and does not limit that other authority. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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