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