Texas 2023 - 88th Regular

Texas House Bill HB3040 Compare Versions

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1	1	88R13940 TJB-D
2	2	By: Thierry H.B. No. 3040
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to substandard residential building fines issued by
8	8	certain municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 214, Local Government
11	11	Code, is amended by adding Section 214.908 to read as follows:
12	12	Sec. 214.908. SUBSTANDARD RESIDENTIAL BUILDING FINE ISSUED
13	13	BY CERTAIN MUNICIPALITIES. (a) This section applies only to a
14	14	municipality located in a county with a population of 3.3 million or
15	15	more.
16	16	(b) In this section:
17	17	(1) "Residential building" means:
18	18	(A) a single-family residential building leased
19	19	or rented by the owner of the building to another person; or
20	20	(B) a multifamily residential building
21	21	containing more than one dwelling unit leased or rented by the owner
22	22	of the building to another person.
23	23	(2) "Substandard residential building" means a
24	24	residential building that is:
25	25	(A) dilapidated or unfit for human habitation;
26	26	and
27	27	(B) a hazard to the public health, safety, or
28	28	welfare.
29	29	(3) "Substandard residential building fine" means a
30	30	fine or penalty imposed by a municipality on the owner of a
31	31	substandard residential building under a municipal ordinance
32	32	applicable to the condition of the building.
33	33	(c) An owner of a substandard residential building is
34	34	personally liable for the payment of a substandard residential
35	35	building fine imposed for the owner's building.
36	36	(d) A municipality may file a lien in the manner prescribed
37	37	by this section on the property on which a substandard residential
38	38	building is located, and for which the owner has received a
39	39	substandard residential building fine, for the total amount of all
40	40	outstanding substandard residential building fines issued for the
41	41	property.
42	42	(e) Before a municipality may file a lien on property under
43	43	this section, the municipality shall provide written notice to the
44	44	owner of the property. The municipality must provide the notice not
45	45	earlier than the 30th day after the date the total amount of
46	46	outstanding substandard residential building fines issued for the
47	47	property first equals or exceeds $2,500. The municipality must
48	48	provide the notice in person or by mail or, if personal service
49	49	cannot be obtained and the address of the owner of the property is
50	50	not known, by posting a copy of the notice conspicuously at the
51	51	property. The notice must state:
52	52	(1) the total amount of unpaid substandard residential
53	53	building fines issued for the property;
54	54	(2) that the municipality will not file the lien
55	55	before the 31st day after the date the notice is provided under this
56	56	subsection; and
57	57	(3) that the property owner is entitled to submit a
58	58	written request for a hearing before the 31st day after the date the
59	59	notice is provided under this subsection.
60	60	(f) A hearing requested under Subsection (e) may be
61	61	conducted by the governing body of the municipality or by a board,
62	62	commission, or municipal officer designated by the governing body.
63	63	At the end of the hearing, the entity or officer that conducted the
64	64	hearing shall authorize the municipality to file the lien or
65	65	determine that the municipality may not file the lien. The
66	66	municipality may not file the lien if the entity or officer
67	67	determines that the municipality may not file the lien. If a
68	68	property owner does not request a hearing, the municipality may
69	69	file the lien on or after the 31st day after the date the
70	70	municipality provides the notice as required by Subsection (e).
71	71	(g) The lien arises and attaches to the property at the time
72	72	the notice of the lien is recorded and indexed in the office of the
73	73	county clerk in the county in which the property is located. The
74	74	notice must contain the name and address of the owner if that
75	75	information can be determined with reasonable effort, a legal
76	76	description of the property, and the amount of the unpaid balance of
77	77	the fine imposed by the municipality.
78	78	(h) The lien is extinguished if the property owner or
79	79	another person pays the fine. The lien is inferior to any
80	80	previously recorded bona fide mortgage lien attached to the
81	81	property to which the municipality's lien attaches if the mortgage
82	82	lien was filed for record in the office of the county clerk of the
83	83	county in which the property is located before the date the fine was
84	84	imposed by the municipality. The municipality's lien is superior to
85	85	all other previously recorded judgment liens.
86	86	SECTION 2. The change in law made by this Act applies only
87	87	to a substandard residential building fine, as defined by Section
88	88	214.908, Local Government Code, as added by this Act, that is issued
89	89	by a municipality on or after the effective date of this Act.
90	90	SECTION 3. This Act takes effect September 1, 2023.