By: Campbell S.B. No. 1087
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 29, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1087 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities to file a lien
for the costs of abatement of a floodplain ordinance violation;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.012, Local Government Code, is
amended to read as follows:
Sec. 54.012. CIVIL ACTION. (a) A municipality may bring a
civil action for the enforcement of an ordinance:
(1) for the preservation of public safety, relating to
the materials or methods used to construct a building or other
structure or improvement, including the foundation, structural
elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
(2) relating to the preservation of public health or
to the fire safety of a building or other structure or improvement,
including provisions relating to materials, types of construction
or design, interior configuration, illumination, warning devices,
sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of
entrances or exits;
(3) for zoning that provides for the use of land or
classifies a parcel of land according to the municipality's
district classification scheme;
(4) establishing criteria for land subdivision or
construction of buildings, including provisions relating to street
width and design, lot size, building width or elevation, setback
requirements, or utility service specifications or requirements;
(5) implementing civil penalties under this
subchapter for conduct classified by statute as a Class C
misdemeanor;
(6) relating to dangerously damaged or deteriorated
structures or improvements;
(7) relating to conditions caused by accumulations of
refuse, vegetation, or other matter that creates breeding and
living places for insects and rodents;
(8) relating to the interior configuration, design,
illumination, or visibility of business premises exhibiting for
viewing by customers while on the premises live or mechanically or
electronically displayed entertainment intended to provide sexual
stimulation or sexual gratification; or
(9) relating to point source effluent limitations or
the discharge of a pollutant, other than from a non-point source,
into a sewer system, including a sanitary or storm water sewer
system, owned or controlled by the municipality.
(b) A municipality that contains more than 75 percent of the
population of a county with a population of 1.5 million or more may
bring a civil action for the enforcement of an ordinance relating to
floodplain control and administration, including an ordinance
regulating the placement of a structure, fill, or other materials
in a designated floodplain.
SECTION 2. 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 IN CERTAIN
MUNICIPALITIES; LIEN. (a) This section applies only to a
municipality that contains more than 75 percent of the population
of a county with a population of 1.5 million or more.
(b) 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, including
the repair, removal, or demolition of a structure, fill, or other
material illegally placed in the area designated as a floodplain,
if:
(1) the municipality gives the owner reasonable notice
and opportunity to comply with the ordinance; and
(2) the owner of the property fails to comply with the
ordinance.
(c) The municipality may assess the costs incurred by the
municipality under Subsection (b) 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.
(d) 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.
(e) The municipality's lien is inferior to any previously
recorded bona fide mortgage lien attached to the real property to
which the municipality's lien attaches, if the mortgage lien was
filed for record before the date the municipality files the notice
of lien with the county clerk. The municipality's lien is superior
to all other previously recorded judgment liens.
SECTION 3. This Act takes effect September 1, 2013.
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