S.B. No. 352
 
 
 
 
AN ACT
  relating to the method of providing notice in the enforcement of
  certain municipal ordinances involving substandard buildings and
  conditions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 54.035, Local Government
  Code, is amended to read as follows:
         (a)  Notice of all proceedings before the commission panels
  must be given:
               (1)  by personal delivery, [or] by certified mail
  with[,] return receipt requested, or by delivery by the United
  States Postal Service using signature confirmation service, to the
  record owners of the affected property, and each holder of a
  recorded lien against the affected property, as shown by the
  records in the office of the county clerk of the county in which the
  affected property is located if the address of the lienholder can be
  ascertained from the deed of trust establishing the lien and/or
  other applicable instruments on file in the office of the county
  clerk; and
               (2)  to all unknown owners, by posting a copy of the
  notice on the front door of each improvement situated on the
  affected property or as close to the front door as practicable.
         SECTION 2.  Subsection (a), Section 54.039, Local Government
  Code, is amended to read as follows:
         (a)  Any owner, lienholder, or mortgagee of record jointly or
  severally aggrieved by any decision of a commission panel may
  present a petition to a district court, duly verified, setting
  forth that the decision is illegal, in whole or in part, and
  specifying the grounds of the illegality. The petition must be
  presented to the court within 30 calendar days after the date a copy
  of the final decision of the commission panel is personally
  delivered, [or] mailed by first class mail with[,] certified return
  receipt requested, or delivered by the United States Postal Service
  using signature confirmation service, to all persons to whom notice
  is required to be sent under Section 54.035. The commission panel
  shall [personally] deliver or mail that copy promptly after the
  decision becomes final. In addition, an abbreviated copy of the
  order shall be published one time in a newspaper of general
  circulation in the municipality within 10 calendar days after the
  date of the delivery or mailing of the copy as provided by this
  subsection, including the street address or legal description of
  the property; the date of the hearing, a brief statement indicating
  the results of the order, and instructions stating where a complete
  copy of the order may be obtained, and, except in a municipality
  with a population of 1.9 million or more, a copy shall be filed in
  the office of the municipal secretary or clerk.
         SECTION 3.  Subsections (d) and (g), Section 214.001, Local
  Government Code, are amended to read as follows:
         (d)  After the public hearing, if a building is found in
  violation of standards set out in the ordinance, the municipality
  may order that the building be vacated, secured, repaired, removed,
  or demolished by the owner within a reasonable time as provided by
  this section. The municipality also may order that the occupants be
  relocated within a reasonable time. If the owner does not take the
  ordered action within the allotted time, the municipality shall
  make a diligent effort to discover each mortgagee and lienholder
  having an interest in the building or in the property on which the
  building is located. The municipality shall personally deliver,
  [or] send by certified mail with[,] return receipt requested, or
  deliver by the United States Postal Service using signature
  confirmation service, to each identified mortgagee and lienholder a
  notice containing:
               (1)  an identification, which is not required to be a
  legal description, of the building and the property on which it is
  located;
               (2)  a description of the violation of municipal
  standards that is present at the building; and
               (3)  a statement that the municipality will vacate,
  secure, remove, or demolish the building or relocate the occupants
  of the building if the ordered action is not taken within a
  reasonable time.
         (g)  After the hearing, the municipality shall promptly mail
  by certified mail with[,] return receipt requested, deliver by the
  United States Postal Service using signature confirmation service, 
  or personally deliver a copy of the order to the owner of the
  building and to any lienholder or mortgagee of the building. The
  municipality shall use its best efforts to determine the identity
  and address of any owner, lienholder, or mortgagee of the building.
         SECTION 4.  Subsection (a), Section 214.0012, Local
  Government Code, is amended to read as follows:
         (a)  Any owner, lienholder, or mortgagee of record of
  property jointly or severally aggrieved by an order of a
  municipality issued under Section 214.001 may file in district
  court a verified petition setting forth that the decision is
  illegal, in whole or in part, and specifying the grounds of the
  illegality. The petition must be filed by an owner, lienholder, or
  mortgagee within 30 calendar days after the respective dates a copy
  of the final decision of the municipality is personally delivered
  to them, [or] mailed to them by first class mail with[,] certified
  return receipt requested, or delivered to them by the United States
  Postal Service using signature confirmation service, or such
  decision shall become final as to each of them upon the expiration
  of each such 30 calendar day period.
         SECTION 5.  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, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 352 passed the Senate on
  March 28, 2007, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 352 passed the House on
  May 17, 2007, by the following vote:  Yeas 143, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor