Texas House Bill HB715

Texas 2019 - 86th Regular

Caption

Relating to the authority of certain municipalities to foreclose a lien on property to recover certain expenses.

Impact

If enacted, HB 715 would greatly impact the legal framework surrounding municipal authority in Texas regarding property maintenance and recovery of expenses. Local governments would gain additional tools to manage derelict properties effectively, as their ability to enforce liens for demolition costs could deter property neglect. Moreover, by establishing a clearer process for foreclosing such liens, the legislation may enhance municipalities' enforcement capabilities, encouraging property owners to maintain their properties to avoid potential financial repercussions.

Summary

House Bill 715 is aimed at granting specific municipalities the authority to foreclose a lien on properties to recover certain expenses incurred during the demolition of structures. This bill particularly modifies the Local Government Code, specifically Section 214.004, thereby allowing Type A general-law municipalities and home-rule municipalities to initiate foreclosure actions under certain conditions. The measure is designed to streamline the process by which these municipalities can recoup the costs associated with the enforcement of property maintenance laws, notably when structures have been demolished and the associated lien for those expenses remains unpaid for over 180 days.

Contention

A notable point of contention surrounding HB 715 will likely revolve around the implications of enabling local governments to exercise heightened foreclosure authority. Advocates may argue that this legislation is crucial in promoting community standards and maintaining property values; however, critics may raise concerns about the potential for abuse of power, arguing that allowing municipalities to foreclose on properties could lead to unjust outcomes, especially among lower-income homeowners. The discourse thus involves a balance between municipal authority to enforce property standards and the protection of resident rights.