BILL ANALYSIS

H.B. 36

By: Ortega

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been reported that certain court proceedings for cases involving dangerously damaged or deteriorated or substandard buildings can take several years to be resolved. If a structure is considered dangerous at the time the judicial process begins, it may become even more unsafe while the process is ongoing and may create secondary effects leading to public welfare risks. H.B. 36 seeks to remedy this problem and prevent prolonged litigation by expediting court proceedings related to the enforcement of a municipal ordinance concerning dangerously damaged or deteriorated or substandard structures or improvements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 36 amends the Civil Practice and Remedies Code to authorize a person to appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that denies a motion filed by a governmental unit in an action brought by a municipality for the enforcement of an ordinance relating to dangerously damaged or deteriorated structures or improvements or in judicial review proceedings regarding a municipality order for the vacating, securing, repair, removal, or demolition of a building found to be in violation of municipal standards.

H.B. 36 amends the Local Government Code to require a court to expedite any proceeding related to a suit brought for the enforcement of a municipal ordinance relating to dangerously damaged or deteriorated structures or improvements, including an appeal of such a suit, or related to a substandard building determination by a municipality, including an appeal for judicial review of such a determination. The bill establishes that an appeal of such a suit or such a determination is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure and requires the appellate or district court, as applicable, to render its final order or judgment with the least possible delay.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.