| |
| |
| |
|
|
AN ACT
|
|
|
relating to municipal registration of vacant buildings in certain |
|
|
counties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 214, Local Government Code, is amended |
|
|
by adding Subchapter H to read as follows: |
|
|
SUBCHAPTER H. REGISTRATION OF VACANT BUILDINGS |
|
|
Sec. 214.231. DEFINITIONS. In this subchapter: |
|
|
(1) "Building" means any enclosed structure designed |
|
|
for use as a habitation or for a commercial use, including engaging |
|
|
in trade or manufacture. |
|
|
(2) "Owner" means the person that owns the real |
|
|
property on which a building is situated, according to: |
|
|
(A) the real property records of the county in |
|
|
which the property is located; or |
|
|
(B) the records of the appraisal district in |
|
|
which the property is located. |
|
|
(3) "Unit" means an enclosed area designed: |
|
|
(A) for habitation by a single family; or |
|
|
(B) for a commercial use, including engaging in |
|
|
trade or manufacture, by a tenant. |
|
|
Sec. 214.232. PRESUMPTION OF VACANCY. A building is |
|
|
presumed to be vacant under this subchapter if: |
|
|
(1) all lawful residential, commercial, recreational, |
|
|
charitable, or construction activity at the building has ceased, or |
|
|
reasonably appears to have ceased, for more than 150 days; or |
|
|
(2) the building contains more than three units, 75 |
|
|
percent or more of which have not been used lawfully, or reasonably |
|
|
appear not to have been used lawfully, for more than 150 days. |
|
|
Sec. 214.233. REGISTRATION. (a) A municipality located in |
|
|
a county with a population of 1.5 million or more may adopt an |
|
|
ordinance requiring owners of vacant buildings to register their |
|
|
buildings by filing a registration form with a designated municipal |
|
|
official. |
|
|
(b) A municipality, in an ordinance adopted under this |
|
|
subchapter, may exempt certain classifications of buildings as |
|
|
determined reasonable and appropriate by the governing body of the |
|
|
municipality. |
|
|
Sec. 214.234. FORM. An ordinance adopted under this |
|
|
subchapter may require a designated municipal official to adopt a |
|
|
form for registration. The form adopted may require the disclosure |
|
|
of information reasonably necessary for the municipality to |
|
|
minimize the threat to health, safety, and welfare that a vacant |
|
|
building may present to the public. |
|
|
SECTION 2. This Act takes effect January 1, 2010. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3065 was passed by the House on May |
|
|
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting; that the House refused to concur in Senate amendments to |
|
|
H.B. No. 3065 on May 29, 2009, and requested the appointment of a |
|
|
conference committee to consider the differences between the two |
|
|
houses; and that the House adopted the conference committee report |
|
|
on H.B. No. 3065 on May 31, 2009, by the following vote: Yeas 142, |
|
|
Nays 0, 1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3065 was passed by the Senate, with |
|
|
amendments, on May 26, 2009, by the following vote: Yeas 30, Nays |
|
|
1; at the request of the House, the Senate appointed a conference |
|
|
committee to consider the differences between the two houses; and |
|
|
that the Senate adopted the conference committee report on H.B. No. |
|
|
3065 on May 31, 2009, by the following vote: Yeas 30, Nays 1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |