| |
| |
| |
|
|
AN ACT
|
|
|
relating to the issuance of a citation to an owner of real property |
|
|
for a violation of a county or municipal rule or ordinance. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (a), Section 250.003, Local |
|
|
Government Code, is amended to read as follows: |
|
|
(a) An individual who is an employee of the owner of real |
|
|
property for which a citation for a violation of a county or |
|
|
municipal rule or ordinance is issued, or of a company that manages |
|
|
the property on behalf of the property owner, is not personally |
|
|
liable for criminal or civil penalties resulting from the violation |
|
|
if, not later than the fifth calendar day after the date the |
|
|
citation is issued, the individual provides the property owner's |
|
|
name, current street address, and telephone number to the |
|
|
enforcement official who issues the citation or the official's |
|
|
superior. |
|
|
SECTION 2. Section 250.004, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 250.004. AGENT FOR SERVICE; NOTICE OF CITATION. |
|
|
(a) The [If the property owner's street address is not in this
|
|
|
state, the] employee of the owner or management company to whom a |
|
|
citation described by Section 250.003 is issued is considered the |
|
|
owner's agent for accepting service of the citation for the |
|
|
violation of the county or municipal rule or ordinance. Service of |
|
|
the citation on the agent has the same legal effect as service on |
|
|
the owner for the purpose of fines against the owner or the |
|
|
property, including a warrant or capias. |
|
|
(b) The county or municipality issuing the citation shall |
|
|
mail notice of the citation to the property owner at the address |
|
|
most recently provided to the county or municipality by the |
|
|
property owner or by the employee of the owner or management company |
|
|
under Section 250.003(a). This subsection does not require a |
|
|
county or municipality to mail notice using a service that provides |
|
|
delivery confirmation. |
|
|
SECTION 3. This Act takes effect January 1, 2010. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1945 passed the Senate on |
|
|
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 29, 2009, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1945 passed the House, with |
|
|
amendment, on May 26, 2009, by the following vote: Yeas 142, |
|
|
Nays 0, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |