| 1 | 2 | | By: Thierry H.B. No. 3871 |
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| 2 | 3 | | |
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| 3 | 4 | | |
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| 4 | 5 | | A BILL TO BE ENTITLED |
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| 5 | 6 | | AN ACT |
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| 6 | 7 | | relating to substandard residential building fines issued by |
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| 7 | 8 | | certain municipalities. |
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| 8 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 10 | | SECTION 1. Subchapter Z, Chapter 214, Local Government |
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| 10 | 11 | | Code, is amended by adding Section 214.906 to read as follows: |
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| 11 | 12 | | Sec. 214.906. SUBSTANDARD RESIDENTIAL BUILDING FINE ISSUED |
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| 12 | 13 | | BY CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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| 13 | 14 | | municipality located in a county with a population of 3.3 million or |
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| 14 | 15 | | more. |
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| 15 | 16 | | (b) In this section: |
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| 16 | 17 | | (1) "Residential building" means: |
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| 17 | 18 | | (A) a single-family residential building leased |
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| 18 | 19 | | or rented by the owner of the building to another person; or |
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| 19 | 20 | | (B) a multifamily residential building |
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| 20 | 21 | | containing more than one dwelling unit leased or rented by the owner |
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| 21 | 22 | | of the building to another person. |
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| 22 | 23 | | (2) "Substandard residential building" means a |
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| 23 | 24 | | residential building that is: |
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| 24 | 25 | | (A) dilapidated or unfit for human habitation; |
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| 25 | 26 | | and |
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| 26 | 27 | | (B) a hazard to the public health, safety, or |
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| 27 | 28 | | welfare. |
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| 28 | 29 | | (3) "Substandard residential building fine" means a |
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| 29 | 30 | | fine or penalty imposed by a municipality on the owner of a |
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| 30 | 31 | | substandard residential building under a municipal ordinance |
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| 31 | 32 | | applicable to the condition of the building. |
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| 32 | 33 | | (c) An owner of a substandard residential building is |
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| 33 | 34 | | personally liable for the payment of a substandard residential |
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| 34 | 35 | | building fine imposed for the owner's building. |
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| 35 | | - | (d) A municipality may file a lien in the manner prescribed |
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| 36 | | - | by this section on the property on which a substandard residential |
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| 37 | | - | building is located, and for which the owner has received a |
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| 38 | | - | substandard residential building fine, for the total amount of all |
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| 39 | | - | outstanding substandard residential building fines issued for the |
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| 40 | | - | property. |
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| 41 | | - | (e) Before a municipality may file a lien on property under |
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| 42 | | - | this section, the municipality shall provide written notice to the |
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| 43 | | - | owner of the property. The municipality must provide the notice not |
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| 44 | | - | earlier than the 30th day after the date the total amount of |
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| 45 | | - | outstanding substandard residential building fines issued for the |
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| 46 | | - | property first equals or exceeds $2,500. The municipality must |
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| 47 | | - | provide the notice in person or by mail or, if personal service |
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| 48 | | - | cannot be obtained and the address of the owner of the property is |
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| 49 | | - | not known, by posting a copy of the notice conspicuously at the |
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| 50 | | - | property. The notice must state: |
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| 51 | | - | (1) the total amount of unpaid substandard residential |
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| 52 | | - | building fines issued for the property; |
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| 53 | | - | (2) that the municipality will not file the lien |
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| 54 | | - | before the 31st day after the date the notice is provided under this |
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| 55 | | - | subsection; and |
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| 56 | | - | (3) that the property owner is entitled to submit a |
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| 57 | | - | written request for a hearing before the 31st day after the date the |
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| 58 | | - | notice is provided under this subsection. |
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| 59 | | - | (f) A hearing requested under Subsection (e) may be |
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| 60 | | - | conducted by the governing body of the municipality or by a board, |
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| 61 | | - | commission, or municipal officer designated by the governing body. |
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| 62 | | - | At the end of the hearing, the entity or officer that conducted the |
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| 63 | | - | hearing shall authorize the municipality to file the lien or |
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| 64 | | - | determine that the municipality may not file the lien. The |
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| 65 | | - | municipality may not file the lien if the entity or officer |
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| 66 | | - | determines that the municipality may not file the lien. If a |
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| 67 | | - | property owner does not request a hearing, the municipality may |
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| 68 | | - | file the lien on or after the 31st day after the date the |
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| 69 | | - | municipality provides the notice as required by Subsection (e). |
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| 70 | | - | (g) |
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| 71 | | - | The lien arises and attaches to the property at the time |
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| 72 | | - | the notice of the lien is recorded and indexed in the office of the |
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| 73 | | - | county clerk in the county in which the property is located. The |
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| 74 | | - | notice must contain the name and address of the owner if that |
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| 75 | | - | information can be determined with reasonable effort, a legal |
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| 76 | | - | description of the property, and the amount of the unpaid balance of |
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| 77 | | - | the fine imposed by the municipality. |
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| 78 | | - | (h) The lien is extinguished if the property owner or |
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| 79 | | - | another person pays the fine. The lien is inferior to any |
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| 80 | | - | previously recorded bona fide mortgage lien attached to the |
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| 81 | | - | property to which the municipality's lien attaches if the mortgage |
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| 82 | | - | lien was filed for record in the office of the county clerk of the |
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| 83 | | - | county in which the property is located before the date the fine was |
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| 84 | | - | imposed by the municipality. The municipality's lien is superior to |
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| 85 | | - | all other previously recorded judgment liens. |
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| 36 | + | (d) A municipality may file a lien on the property on which a |
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| 37 | + | substandard residential building is located, and for which the |
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| 38 | + | owner has received a substandard residential building fine, for the |
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| 39 | + | amount of the fine. The lien arises and attaches to the property at |
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| 40 | + | the time the notice of the lien is recorded and indexed in the |
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| 41 | + | office of the county clerk in the county in which the property is |
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| 42 | + | located. The notice must contain the name and address of the owner |
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| 43 | + | if that information can be determined with reasonable effort, a |
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| 44 | + | legal description of the property, and the amount of the unpaid |
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| 45 | + | balance of the fine imposed by the municipality. The lien is |
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| 46 | + | extinguished if the property owner or another person having an |
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| 47 | + | interest in the legal title to the property pays the fine. The lien |
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| 48 | + | is inferior to any previously recorded bona fide mortgage lien |
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| 49 | + | attached to the property to which the municipality's lien attaches |
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| 50 | + | if the mortgage lien was filed for record in the office of the |
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| 51 | + | county clerk of the county in which the property is located before |
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| 52 | + | the date the fine was imposed by the municipality. The |
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| 53 | + | municipality's lien is superior to all other previously recorded |
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| 54 | + | judgment liens. |
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