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