By Dutton H.B. No. 825
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a municipality to correct certain
1-3 violations of municipal sanitation regulations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 342.006, Health and Safety Code, is
1-6 amended by adding Subsection (c) to read as follows:
1-7 (c) The municipality in the notice of a violation may inform
1-8 the owner by certified mail, return receipt requested, that if the
1-9 owner commits another violation of the same kind or nature that
1-10 poses a danger to the public health and safety on or before the
1-11 first anniversary of the date of the notice, the municipality
1-12 without further notice may correct the violation at the owner's
1-13 expense and assess the expense against the property. If a
1-14 violation covered by a notice under this subsection occurs within
1-15 the one-year period, the municipality shall confirm that the
1-16 ownership of the property has not changed since the original notice
1-17 was mailed before taking any action without notice permitted by
1-18 Subsections (a)(1) and (2) and assess its expenses as provided by
1-19 Section 342.007.
1-20 SECTION 2. Subsection (b), Section 342.007, Health and
1-21 Safety Code, is amended to read as follows:
1-22 (b) To obtain a lien against the property, the mayor,
1-23 municipal health authority, or municipal official designated by the
1-24 mayor must file a statement of expenses with the county clerk of
2-1 the county in which the municipality is located. The lien
2-2 statement must state the name of the owner, if known, and the legal
2-3 description of the property. The lien attaches upon the filing of
2-4 the lien statement with the county clerk.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.