85R14631 TJB-D
By: Thierry H.B. No. 3871
A BILL TO BE ENTITLED
AN ACT
relating to substandard residential building fines issued by
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.906 to read as follows:
Sec. 214.906. SUBSTANDARD RESIDENTIAL BUILDING FINE ISSUED
BY CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality located in a county with a population of 3.3 million or
more.
(b) In this section:
(1) "Residential building" means:
(A) a single-family residential building leased
or rented by the owner of the building to another person; or
(B) a multifamily residential building
containing more than one dwelling unit leased or rented by the owner
of the building to another person.
(2) "Substandard residential building" means a
residential building that is:
(A) dilapidated or unfit for human habitation;
and
(B) a hazard to the public health, safety, or
welfare.
(3) "Substandard residential building fine" means a
fine or penalty imposed by a municipality on the owner of a
substandard residential building under a municipal ordinance
applicable to the condition of the building.
(c) An owner of a substandard residential building is
personally liable for the payment of a substandard residential
building fine imposed for the owner's building.
(d) A municipality may file a lien on the property on which a
substandard residential building is located, and for which the
owner has received a substandard residential building fine, for the
amount of the fine. The lien arises and attaches to the property at
the time the notice of the lien is recorded and indexed in the
office of the county clerk in the county in which the property is
located. The notice must contain the name and address of the owner
if that information can be determined with reasonable effort, a
legal description of the property, and the amount of the unpaid
balance of the fine imposed by the municipality. The lien is
extinguished if the property owner or another person having an
interest in the legal title to the property pays the fine. The lien
is inferior to any previously recorded bona fide mortgage lien
attached to the property to which the municipality's lien attaches
if the mortgage lien was filed for record in the office of the
county clerk of the county in which the property is located before
the date the fine was imposed by the municipality. The
municipality's lien is superior to all other previously recorded
judgment liens.
SECTION 2. The change in law made by this Act applies only
to a substandard residential building fine, as defined by Section
214.906, Local Government Code, as added by this Act, that is issued
by a municipality on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.