Texas 2013 - 83rd Regular

Texas Senate Bill SB1087 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Campbell S.B. No. 1087
2	2	(In the Senate - Filed March 5, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 29, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	April 29, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1087 By: Garcia
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of certain municipalities to file a lien
13	13	for the costs of abatement of a floodplain ordinance violation;
14	14	providing a civil penalty.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 54.012, Local Government Code, is
17	17	amended to read as follows:
18	18	Sec. 54.012. CIVIL ACTION. (a) A municipality may bring a
19	19	civil action for the enforcement of an ordinance:
20	20	(1) for the preservation of public safety, relating to
21	21	the materials or methods used to construct a building or other
22	22	structure or improvement, including the foundation, structural
23	23	elements, electrical wiring or apparatus, plumbing and fixtures,
24	24	entrances, or exits;
25	25	(2) relating to the preservation of public health or
26	26	to the fire safety of a building or other structure or improvement,
27	27	including provisions relating to materials, types of construction
28	28	or design, interior configuration, illumination, warning devices,
29	29	sprinklers or other fire suppression devices, availability of water
30	30	supply for extinguishing fires, or location, design, or width of
31	31	entrances or exits;
32	32	(3) for zoning that provides for the use of land or
33	33	classifies a parcel of land according to the municipality's
34	34	district classification scheme;
35	35	(4) establishing criteria for land subdivision or
36	36	construction of buildings, including provisions relating to street
37	37	width and design, lot size, building width or elevation, setback
38	38	requirements, or utility service specifications or requirements;
39	39	(5) implementing civil penalties under this
40	40	subchapter for conduct classified by statute as a Class C
41	41	misdemeanor;
42	42	(6) relating to dangerously damaged or deteriorated
43	43	structures or improvements;
44	44	(7) relating to conditions caused by accumulations of
45	45	refuse, vegetation, or other matter that creates breeding and
46	46	living places for insects and rodents;
47	47	(8) relating to the interior configuration, design,
48	48	illumination, or visibility of business premises exhibiting for
49	49	viewing by customers while on the premises live or mechanically or
50	50	electronically displayed entertainment intended to provide sexual
51	51	stimulation or sexual gratification; or
52	52	(9) relating to point source effluent limitations or
53	53	the discharge of a pollutant, other than from a non-point source,
54	54	into a sewer system, including a sanitary or storm water sewer
55	55	system, owned or controlled by the municipality.
56	56	(b) A municipality that contains more than 75 percent of the
57	57	population of a county with a population of 1.5 million or more may
58	58	bring a civil action for the enforcement of an ordinance relating to
59	59	floodplain control and administration, including an ordinance
60	60	regulating the placement of a structure, fill, or other materials
61	61	in a designated floodplain.
62	62	SECTION 2. Subchapter B, Chapter 54, Local Government Code,
63	63	is amended by adding Section 54.020 to read as follows:
64	64	Sec. 54.020. ABATEMENT OF FLOODPLAIN VIOLATION IN CERTAIN
65	65	MUNICIPALITIES; LIEN. (a) This section applies only to a
66	66	municipality that contains more than 75 percent of the population
67	67	of a county with a population of 1.5 million or more.
68	68	(b) In addition to any necessary and reasonable actions
69	69	authorized by law, a municipality may abate a violation of a
70	70	floodplain management ordinance by causing the work necessary to
71	71	bring real property into compliance with the ordinance, including
72	72	the repair, removal, or demolition of a structure, fill, or other
73	73	material illegally placed in the area designated as a floodplain,
74	74	if:
75	75	(1) the municipality gives the owner reasonable notice
76	76	and opportunity to comply with the ordinance; and
77	77	(2) the owner of the property fails to comply with the
78	78	ordinance.
79	79	(c) The municipality may assess the costs incurred by the
80	80	municipality under Subsection (b) against the property. The
81	81	municipality has a lien on the property for the costs incurred and
82	82	for interest accruing at the annual rate of 10 percent on the amount
83	83	due until the municipality is paid.
84	84	(d) The municipality may perfect the lien by filing written
85	85	notice of the lien with the county clerk of the county in which the
86	86	property is located. The notice of lien must be in recordable form
87	87	and must state the name of each property owner, if known, the legal
88	88	description of the property, and the amount due.
89	89	(e) The municipality's lien is inferior to any previously
90	90	recorded bona fide mortgage lien attached to the real property to
91	91	which the municipality's lien attaches, if the mortgage lien was
92	92	filed for record before the date the municipality files the notice
93	93	of lien with the county clerk. The municipality's lien is superior
94	94	to all other previously recorded judgment liens.
95	95	SECTION 3. This Act takes effect September 1, 2013.
96	96	* * * * *