83R2605 NC-D
By: Rodriguez of Bexar H.B. No. 1554
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to file a lien for the
costs of abatement of a floodplain ordinance violation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 54, Local Government Code,
is amended by adding Section 54.020 to read as follows:
Sec. 54.020. ABATEMENT OF FLOODPLAIN VIOLATION; LIEN. (a)
In addition to any necessary and reasonable actions authorized by
law, a municipality may abate a violation of a floodplain
management ordinance by causing the work necessary to bring real
property into compliance with the ordinance if the owner of the
property fails to comply with the ordinance after the municipality
gives the owner reasonable notice and opportunity to comply.
(b) The municipality may assess the costs incurred by the
municipality under Subsection (a) against the property. The
municipality has a lien on the property for the costs incurred and
for interest accruing at the annual rate of 10 percent on the amount
due until the municipality is paid. The lien is a privileged lien
subordinate only to tax liens and liens for street improvements.
(c) The municipality may perfect the lien by filing written
notice of the lien with the county clerk of the county in which the
property is located. The notice of lien must be in recordable form
and must state the name of each property owner, if known, the legal
description of the property, and the amount due.
(d) The municipality may file suit to foreclose the lien and
may recover the unpaid costs and interest.
SECTION 2. This Act takes effect September 1, 2013.