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AN ACT
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relating to minimum habitability standards for multi-family rental |
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buildings in certain municipalities; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 214, Local Government |
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Code, is amended by adding Section 214.219 to read as follows: |
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Sec. 214.219. MINIMUM HABITABILITY STANDARDS FOR |
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MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES. (a) This |
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section applies only to a municipality with a population of 1.7 |
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million or more. This section does not affect the authority of a |
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municipality to which this section does not apply to enact or |
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enforce laws relating to multi-family rental buildings. |
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(b) In this section: |
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(1) "Multi-family rental building" means a building |
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that has three or more single-family residential units. |
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(2) "Unit" means one or more rooms rented for use as a |
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permanent residence under a single lease to one or more tenants. |
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(c) A municipality shall adopt an ordinance to establish |
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minimum habitability standards for multi-family rental buildings, |
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including requiring maintenance of proper operating conditions. |
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(d) A municipality may establish other standards as |
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necessary to reduce material risks to the physical health or safety |
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of tenants of multi-family rental buildings. |
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(e) A municipality shall establish a program for the |
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inspection of multi-family rental buildings to determine if the |
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buildings meet the minimum required habitability standards. The |
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program shall include inspections under the direction of: |
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(1) the municipality's building official, as defined |
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by the International Building Code or by a local amendment to the |
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code under Section 214.216; |
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(2) the chief executive of the municipality's fire |
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department; and |
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(3) the municipality's health authority, as defined by |
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Section 121.021, Health and Safety Code. |
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(f) A municipality may not order the closure of a |
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multi-family rental building due to a violation of an ordinance |
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adopted by the municipality relating to habitability unless the |
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municipality makes a good faith effort to locate housing with |
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comparable rental rates in the same school district for the |
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residents displaced by the closure. |
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(g) The owner of a multi-family rental building commits an |
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offense if the owner violates an ordinance adopted under this |
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section. An offense under this subsection is a Class C misdemeanor. |
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Each day the violation continues constitutes a separate offense. |
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(h) A municipality may impose a civil penalty under Section |
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54.017 for a violation of this section. |
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SECTION 2. A municipality shall adopt the minimum |
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habitability standards required by Section 214.219, Local |
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Government Code, as added by this Act, not later than December 31, |
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2010. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1819 was passed by the House on April |
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7, 2009, by the following vote: Yeas 129, Nays 15, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1819 on May 29, 2009, by the following vote: Yeas 124, Nays 12, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1819 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |