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  H.B. No. 1554
 
 
 
 
AN ACT
  relating to the authority of municipalities to file a lien for the
  costs of abatement of a floodplain ordinance violation; providing a
  civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.012, Local Government Code, is
  amended to read as follows:
         Sec. 54.012.  CIVIL ACTION. A municipality may bring a civil
  action for the enforcement of an ordinance:
               (1)  for the preservation of public safety, relating to
  the materials or methods used to construct a building or other
  structure or improvement, including the foundation, structural
  elements, electrical wiring or apparatus, plumbing and fixtures,
  entrances, or exits;
               (2)  relating to the preservation of public health or
  to the fire safety of a building or other structure or improvement,
  including provisions relating to materials, types of construction
  or design, interior configuration, illumination, warning devices,
  sprinklers or other fire suppression devices, availability of water
  supply for extinguishing fires, or location, design, or width of
  entrances or exits;
               (3)  for zoning that provides for the use of land or
  classifies a parcel of land according to the municipality's
  district classification scheme;
               (4)  establishing criteria for land subdivision or
  construction of buildings, including provisions relating to street
  width and design, lot size, building width or elevation, setback
  requirements, or utility service specifications or requirements;
               (5)  implementing civil penalties under this
  subchapter for conduct classified by statute as a Class C
  misdemeanor;
               (6)  relating to dangerously damaged or deteriorated
  structures or improvements;
               (7)  relating to conditions caused by accumulations of
  refuse, vegetation, or other matter that creates breeding and
  living places for insects and rodents;
               (8)  relating to the interior configuration, design,
  illumination, or visibility of business premises exhibiting for
  viewing by customers while on the premises live or mechanically or
  electronically displayed entertainment intended to provide sexual
  stimulation or sexual gratification; [or]
               (9)  relating to point source effluent limitations or
  the discharge of a pollutant, other than from a non-point source,
  into a sewer system, including a sanitary or storm water sewer
  system, owned or controlled by the municipality; or
               (10)  relating to floodplain control and
  administration, including an ordinance regulating the placement of
  a structure, fill, or other materials in a designated floodplain.
         SECTION 2.  Subchapter B, Chapter 54, Local Government Code,
  is amended by adding Section 54.020 to read as follows:
         Sec. 54.020.  ABATEMENT OF FLOODPLAIN VIOLATION IN
  MUNICIPALITIES; LIEN.  (a) In addition to any necessary and
  reasonable actions authorized by law, a municipality may abate a
  violation of a floodplain management ordinance by causing the work
  necessary to bring real property into compliance with the
  ordinance, including the repair, removal, or demolition of a
  structure, fill, or other material illegally placed in the area
  designated as a floodplain, if:
               (1)  the municipality gives the owner reasonable notice
  and opportunity to comply with the ordinance; and
               (2)  the owner of the property fails to comply with the
  ordinance.
         (b)  The municipality may assess the costs incurred by the
  municipality under Subsection (a) against the property. The
  municipality has a lien on the property for the costs incurred and
  for interest accruing at the annual rate of 10 percent on the amount
  due until the municipality is paid.
         (c)  The municipality may perfect the lien by filing written
  notice of the lien with the county clerk of the county in which the
  property is located. The notice of lien must be in recordable form
  and must state the name of each property owner, if known, the legal
  description of the property, and the amount due.
         (d)  The municipality's lien is inferior to any previously
  recorded bona fide mortgage lien attached to the real property to
  which the municipality's lien attaches, if the mortgage lien was
  filed for record before the date the municipality files the notice
  of lien with the county clerk. The municipality's lien is superior
  to all other previously recorded judgment liens.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1554 was passed by the House on April
  25, 2013, by the following vote:  Yeas 124, Nays 7, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1554 on May 20, 2013, by the following vote:  Yeas 133, Nays 10,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1554 was passed by the Senate, with
  amendments, on May 17, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor