Texas 2011 - 82nd Regular

Texas Senate Bill SB173 Compare Versions

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Old	New	Differences
1	1	By: West S.B. No. 173
2	2	(Dutton)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to civil remedy of violations of certain municipal health
8	8	and safety ordinances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 54.018, Local Government
11	11	Code, is amended to read as follows:
12	12	(b) In an action under this section, the municipality may
13	13	also bring:
14	14	(1) a claim for civil penalties under Section 54.017;
15	15	and
16	16	(2) an action in rem against the structure that may
17	17	result in a judgment against the structure as well as a judgment
18	18	against the defendant.
19	19	SECTION 2. Subsections (a), (b), (c), and (i), Section
20	20	214.003, Local Government Code, are amended to read as follows:
21	21	(a) A home-rule municipality may bring an action in district
22	22	court against an owner of property that is not in substantial
23	23	compliance with:
24	24	(1) the municipal ordinances regarding:
25	25	(A) [(1)] fire protection;
26	26	(B) [(2)] structural integrity;
27	27	(C) [(3)] zoning; or
28	28	(D) [(4)] disposal of refuse; or
29	29	(2) a municipal ordinance described by Section
30	30	54.012(1), (2), (5), (6), (7), or (9).
31	31	(b) Except as provided by Subsection (c), the court may
32	32	appoint as a receiver for the property a nonprofit organization or
33	33	an individual with a demonstrated record of rehabilitating
34	34	properties if the court finds that:
35	35	(1) the structures on the property are in violation of
36	36	the standards set forth in Section 214.001(b) and an ordinance
37	37	described by Subsection (a);
38	38	(2) notice of violation was given to the record owner
39	39	of the property; and
40	40	(3) a public hearing as required by Section 214.001(b)
41	41	[214.001(d)] has been conducted.
42	42	(c) A receiver appointed under Subsection (b) may act [The
43	43	court may appoint] as a receiver for any property, including
44	44	historic property subject to Section 214.00111 [a nonprofit
45	45	organization or an individual with a demonstrated record of
46	46	rehabilitating historical buildings if the court finds that:
47	47	[(1) the structures on the property are in violation
48	48	of the standards established under Section 214.001(b) and an
49	49	ordinance described by Subsection (a);
50	50	[(2) the structure has been reviewed by the municipal
51	51	historic preservation board and the structure meets the criteria
52	52	set forth in Section 214.00111;
53	53	[(3) notice of the violation was given to the record
54	54	owner of the property; and
55	55	[(4) a public hearing as required by Section 214.001
56	56	has been conducted].
57	57	(i) Any record lienholder may, after initiation of an action
58	58	by a municipality:
59	59	(1) intervene in the action; and
60	60	(2) request appointment as a receiver:
61	61	(A) under the same conditions as the nonprofit
62	62	organization or individual; and
63	63	(B) on a demonstration to the court of an ability
64	64	and willingness to rehabilitate the property.
65	65	SECTION 3. This Act takes effect September 1, 2011.