87R6091 SCL-D
By: Gates H.B. No. 1878
A BILL TO BE ENTITLED
AN ACT
relating to municipal and county permitting requirements to conduct
certain repairs on vacant residential buildings.
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 214.909 to read as follows:
Sec. 214.909. REPAIRS TO VACANT RESIDENTIAL BUILDINGS. (a)
A municipality may not adopt or enforce an ordinance or other
regulation that requires an owner of a vacant residential building
to obtain a permit to conduct repairs to the building if the repairs
are necessary to:
(1) protect public safety; or
(2) prevent further damage to the building.
(b) The governor may not exempt a municipality from the
prohibition described by Subsection (a) by an executive order
issued under Chapter 418, Government Code.
(c) An owner of a vacant residential building who is
required to obtain a permit in violation of Subsection (a) may bring
an action against the municipality that violated that subsection
for damages incurred due to the violation. The owner may recover
reasonable attorney's fees and litigation costs if the owner
prevails in the action. Governmental immunity of the municipality
to suit and from liability is waived to the extent of liability
created by this subsection.
SECTION 2. Subchapter Z, Chapter 233, Local Government
Code, is amended by adding Section 233.902 to read as follows:
Sec. 233.902. REPAIRS TO VACANT RESIDENTIAL BUILDINGS. (a)
A county may not adopt or enforce an order or other regulation that
requires an owner of a vacant residential building to obtain a
permit to conduct repairs to the building if the repairs are
necessary to:
(1) protect public safety; or
(2) prevent further damage to the building.
(b) The governor may not exempt a county from the
prohibition described by Subsection (a) by an executive order
issued under Chapter 418, Government Code.
(c) An owner of a vacant residential building who is
required to obtain a permit in violation of Subsection (a) may bring
an action against the county that violated that subsection for
damages incurred due to the violation. The owner may recover
reasonable attorney's fees and litigation costs if the owner
prevails in the action. Governmental immunity of the county to suit
and from liability is waived to the extent of liability created by
this subsection.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.