| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to court appointment of a receiver for a property that is |
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| 6 | 8 | | in violation of certain ordinances in certain municipalities. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 214.003, Local Government Code, is |
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| 9 | 11 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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| 10 | 12 | | read as follows: |
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| 11 | 13 | | (b) Except as provided by Subsections (b-1) and |
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| 12 | 14 | | [Subsection] (c), the court may appoint as a receiver for the |
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| 13 | 15 | | property a nonprofit organization or an individual with a |
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| 14 | 16 | | demonstrated record of rehabilitating properties if the court finds |
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| 15 | 17 | | that: |
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| 16 | 18 | | (1) the structures on the property are in violation of |
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| 17 | 19 | | the standards set forth in Section 214.001(b) and an ordinance |
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| 18 | 20 | | described by Subsection (a); |
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| 19 | 21 | | (2) notice of violation was given to the record owner |
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| 20 | 22 | | of the property; and |
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| 21 | 23 | | (3) a public hearing as required by Section 214.001(b) |
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| 22 | 24 | | has been conducted. |
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| 23 | 25 | | (b-1) This subsection applies only to a municipality wholly |
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| 24 | 26 | | or partly located in a county that is located along the |
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| 25 | 27 | | international border and has a population of 800,000 or more. The |
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| 26 | 28 | | court may appoint as a receiver under Subsection (b) an individual |
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| 27 | 29 | | without a demonstrated record of rehabilitating properties if the |
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| 28 | 30 | | municipality demonstrates that: |
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| 29 | 31 | | (1) no individual with a demonstrated record of |
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| 30 | 32 | | rehabilitating properties is available; and |
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| 31 | 33 | | (2) the individual being appointed is competent and |
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| 32 | 34 | | able to fulfill the duties of a receiver. |
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| 33 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 39 | | Act takes effect September 1, 2019. |
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| 38 | | - | ______________________________ ______________________________ |
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| 39 | | - | President of the Senate Speaker of the House |
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| 40 | | - | I hereby certify that S.B. No. 254 passed the Senate on |
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| 41 | | - | April 8, 2019, by the following vote: Yeas 30, Nays 0. |
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| 42 | | - | ______________________________ |
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| 43 | | - | Secretary of the Senate |
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| 44 | | - | I hereby certify that S.B. No. 254 passed the House on |
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| 45 | | - | May 3, 2019, by the following vote: Yeas 139, Nays 1, two present |
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| 46 | | - | not voting. |
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| 47 | | - | ______________________________ |
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| 48 | | - | Chief Clerk of the House |
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| 49 | | - | Approved: |
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| 50 | | - | ______________________________ |
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| 51 | | - | Date |
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| 52 | | - | ______________________________ |
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| 53 | | - | Governor |
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