By: West S.B. No. 173
(Dutton)
A BILL TO BE ENTITLED
AN ACT
relating to civil remedy of violations of certain municipal health
and safety ordinances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 54.018, Local Government
Code, is amended to read as follows:
(b) In an action under this section, the municipality may
also bring:
(1) a claim for civil penalties under Section 54.017;
and
(2) an action in rem against the structure that may
result in a judgment against the structure as well as a judgment
against the defendant.
SECTION 2. Subsections (a), (b), (c), and (i), Section
214.003, Local Government Code, are amended to read as follows:
(a) A home-rule municipality may bring an action in district
court against an owner of property that is not in substantial
compliance with:
(1) the municipal ordinances regarding:
(A) [(1)] fire protection;
(B) [(2)] structural integrity;
(C) [(3)] zoning; or
(D) [(4)] disposal of refuse; or
(2) a municipal ordinance described by Section
54.012(1), (2), (5), (6), (7), or (9).
(b) Except as provided by Subsection (c), the court may
appoint as a receiver for the property a nonprofit organization or
an individual with a demonstrated record of rehabilitating
properties if the court finds that:
(1) the structures on the property are in violation of
the standards set forth in Section 214.001(b) and an ordinance
described by Subsection (a);
(2) notice of violation was given to the record owner
of the property; and
(3) a public hearing as required by Section 214.001(b)
[214.001(d)] has been conducted.
(c) A receiver appointed under Subsection (b) may act [The
court may appoint] as a receiver for any property, including
historic property subject to Section 214.00111 [a nonprofit
organization or an individual with a demonstrated record of
rehabilitating historical buildings if the court finds that:
[(1) the structures on the property are in violation
of the standards established under Section 214.001(b) and an
ordinance described by Subsection (a);
[(2) the structure has been reviewed by the municipal
historic preservation board and the structure meets the criteria
set forth in Section 214.00111;
[(3) notice of the violation was given to the record
owner of the property; and
[(4) a public hearing as required by Section 214.001
has been conducted].
(i) Any record lienholder may, after initiation of an action
by a municipality:
(1) intervene in the action; and
(2) request appointment as a receiver:
(A) under the same conditions as the nonprofit
organization or individual; and
(B) on a demonstration to the court of an ability
and willingness to rehabilitate the property.
SECTION 3. This Act takes effect September 1, 2011.