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AN ACT
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relating to civil remedy of violations of certain municipal health |
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and safety ordinances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 54.018, Local Government |
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Code, is amended to read as follows: |
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(b) In an action under this section, the municipality may |
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also bring: |
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(1) a claim for civil penalties under Section 54.017; |
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and |
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(2) an action in rem against the structure that may |
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result in a judgment against the structure as well as a judgment |
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against the defendant. |
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SECTION 2. Subsections (a), (b), (c), and (i), Section |
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214.003, Local Government Code, are amended to read as follows: |
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(a) A home-rule municipality may bring an action in district |
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court against an owner of property that is not in substantial |
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compliance with: |
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(1) the municipal ordinances regarding: |
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(A) [(1)] fire protection; |
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(B) [(2)] structural integrity; |
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(C) [(3)] zoning; or |
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(D) [(4)] disposal of refuse; or |
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(2) a municipal ordinance described by Section |
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54.012(1), (2), (5), (6), (7), or (9). |
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(b) Except as provided by Subsection (c), the court may |
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appoint as a receiver for the property a nonprofit organization or |
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an individual with a demonstrated record of rehabilitating |
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properties if the court finds that: |
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(1) the structures on the property are in violation of |
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the standards set forth in Section 214.001(b) and an ordinance |
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described by Subsection (a); |
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(2) notice of violation was given to the record owner |
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of the property; and |
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(3) a public hearing as required by Section 214.001(b) |
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[214.001(d)] has been conducted. |
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(c) A receiver appointed under Subsection (b) may act [The
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court may appoint] as a receiver for any property, including |
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historic property subject to Section 214.00111 [a nonprofit
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organization or an individual with a demonstrated record of
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rehabilitating historical buildings if the court finds that:
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[(1)
the structures on the property are in violation
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of the standards established under Section 214.001(b) and an
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ordinance described by Subsection (a);
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[(2)
the structure has been reviewed by the municipal
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historic preservation board and the structure meets the criteria
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set forth in Section 214.00111;
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[(3)
notice of the violation was given to the record
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owner of the property; and
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[(4)
a public hearing as required by Section 214.001
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has been conducted]. |
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(i) Any record lienholder may, after initiation of an action |
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by a municipality: |
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(1) intervene in the action; and |
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(2) request appointment as a receiver: |
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(A) under the same conditions as the nonprofit |
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organization or individual; and |
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(B) on a demonstration to the court of an ability |
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and willingness to rehabilitate the property. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 173 passed the Senate on |
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March 17, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 173 passed the House on |
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May 25, 2011, by the following vote: Yeas 142, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |