Texas Senate Bill SB1945

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/20/09
• Voted on by Senate: 4/23/09
• Out of House Committee: 5/14/09
• Voted on by House: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to the issuance of a citation to an owner of real property for a violation of a county or municipal rule or ordinance.

Impact

The enactment of SB1945 would have a direct impact on local government practices concerning code enforcement, as it clarifies and reduces the risk of personal liability for employees acting on behalf of property owners. This could lead to increased willingness among employees to engage with local enforcement without fear of personal repercussions, thereby potentially expediting the citation process. Additionally, this could influence how property management companies operate, especially in jurisdictions where violations are frequently reported.

Summary

Senate Bill 1945 proposes changes to the Local Government Code related to the personal liability of employees working for property owners or management companies. The bill specifically states that employees are not personally liable for civil or criminal penalties when a citation is issued for violations of county or municipal rules, provided they supply the property owner's contact information to the enforcement officials within 24 hours. This aims to relieve individual employees from liability and streamline the process for handling citations related to real estate properties.

Contention

Among potential points of contention, the bill raises concerns regarding accountability. Critics may argue that removing personal liability for employees could lead to a lack of diligence in ensuring property compliance with local regulations. Without such accountability, there may be a lower incentive for property managers and employees to adhere to the rules, potentially undermining local government efforts to maintain community standards. Furthermore, the bill’s provisions regarding the acceptance of service of citation could lead to disputes over who is truly accountable for violations, especially in cases where the property owner resides outside the local jurisdiction.