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