Texas 2009 - 81st Regular

Texas Senate Bill SB1447 Compare Versions

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1	1	By: West S.B. No. 1447
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to civil remedy of violations of certain municipal health
7	7	and safety ordinances.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (b), Section 54.018, Local Government
10	10	Code, is amended to read as follows:
11	11	(b) In an action under this section, the municipality may
12	12	also bring:
13	13	(1) a claim for civil penalties under Section 54.017;
14	14	and
15	15	(2) an action in rem against the structure that may
16	16	result in a judgment against the structure as well as a judgment
17	17	against the defendant.
18	18	SECTION 2. Subsections (a), (b), (c), and (i), Section
19	19	214.003, Local Government Code, are amended to read as follows:
20	20	(a) A home-rule municipality may bring an action in district
21	21	court against an owner of property that is not in substantial
22	22	compliance with:
23	23	(1) the municipal ordinances regarding:
24	24	(A) [(1)] fire protection;
25	25	(B) [(2)] structural integrity;
26	26	(C) [(3)] zoning; or
27	27	(D) [(4)] disposal of refuse; or
28	28	(2) a municipal ordinance described by Section
29	29	54.012(1), (2), (5), (6), (7), or (9).
30	30	(b) Except as provided by Subsection (c), the court may
31	31	appoint as a receiver for the property a nonprofit organization or
32	32	an individual with a demonstrated record of rehabilitating
33	33	properties if the court finds that:
34	34	(1) the structures on the property are in violation of
35	35	the standards set forth in Section 214.001(b) and an ordinance
36	36	described by Subsection (a);
37	37	(2) notice of violation was given to the record owner
38	38	of the property; and
39	39	(3) a public hearing as required by Section 214.001(d)
40	40	has been conducted.
41	41	(c) A receiver appointed under Subsection (b) may act [The
42	42	court may appoint] as a receiver for any property, including
43	43	historic property subject to Section 214.00111 [a nonprofit
44	44	organization or an individual with a demonstrated record of
45	45	rehabilitating historical buildings if the court finds that:
46	46	[(1) the structures on the property are in violation
47	47	of the standards established under Section 214.001(b) and an
48	48	ordinance described by Subsection (a);
49	49	[(2) the structure has been reviewed by the municipal
50	50	historic preservation board and the structure meets the criteria
51	51	set forth in Section 214.00111;
52	52	[(3) notice of the violation was given to the record
53	53	owner of the property; and
54	54	[(4) a public hearing as required by Section 214.001
55	55	has been conducted].
56	56	(i) Any record lienholder may, after initiation of an action
57	57	by a municipality:
58	58	(1) intervene in the action; and
59	59	(2) request appointment as a receiver:
60	60	(A) under the same conditions as the nonprofit
61	61	organization or individual; and
62	62	(B) on a demonstration to the court of an ability
63	63	and willingness to rehabilitate the property.
64	64	SECTION 3. This Act takes effect September 1, 2009.