1-1 By: Dutton (Senate Sponsor - Whitmire) H.B. No. 825
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 12, 1993, reported favorably, as
1-5 amended, by the following vote: Yeas 7, Nays 0; May 12, 1993, sent
1-6 to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-21 Amend HB 825, SECTION 1, Sec. 342.006(c) by striking the last
1-22 sentence and substituting:
1-23 "If a violation covered by a notice under this subsection
1-24 occurs within the one-year period, and the municipality has not
1-25 been informed in writing by the owner of an ownership change, then
1-26 the municipality without notice may take any action permitted by
1-27 Subsections (a)(1) and (2) and assess its expenses as provided by
1-28 Section 342.007."
1-29 A BILL TO BE ENTITLED
1-30 AN ACT
1-31 relating to the authority of a municipality to correct certain
1-32 violations of municipal sanitation regulations.
1-33 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-34 SECTION 1. Section 342.006, Health and Safety Code, is
1-35 amended by adding Subsection (c) to read as follows:
1-36 (c) The municipality in the notice of a violation may inform
1-37 the owner by certified mail, return receipt requested, that if the
1-38 owner commits another violation of the same kind or nature that
1-39 poses a danger to the public health and safety on or before the
1-40 first anniversary of the date of the notice, the municipality
1-41 without further notice may correct the violation at the owner's
1-42 expense and assess the expense against the property. If a
1-43 violation covered by a notice under this subsection occurs within
1-44 the one-year period, the municipality shall confirm that the
1-45 ownership of the property has not changed since the original notice
1-46 was mailed before taking any action without notice permitted by
1-47 Subsections (a)(1) and (2) and assess its expenses as provided by
1-48 Section 342.007.
1-49 SECTION 2. Subsection (b), Section 342.007, Health and
1-50 Safety Code, is amended to read as follows:
1-51 (b) To obtain a lien against the property, the mayor,
1-52 municipal health authority, or municipal official designated by the
1-53 mayor must file a statement of expenses with the county clerk of
1-54 the county in which the municipality is located. The lien
1-55 statement must state the name of the owner, if known, and the legal
1-56 description of the property. The lien attaches upon the filing of
1-57 the lien statement with the county clerk.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended,
1-63 and that this Act take effect and be in force from and after its
1-64 passage, and it is so enacted.
1-65 * * * * *
1-66 Austin,
1-67 Texas
1-68 May 12, 993
2-1 Hon. Bob Bullock
2-2 President of the Senate
2-3 Sir:
2-4 We, your Committee on Intergovernmental Relations to which was
2-5 referred H.B. No. 825, have had the same under consideration, and I
2-6 am instructed to report it back to the Senate with the
2-7 recommendation that it do pass, as amended, and be printed.
2-8 Armbrister,
2-9 Chairman
2-10 * * * * *
2-11 WITNESSES
2-12 FOR AGAINST ON
2-13 ___________________________________________________________________
2-14 Name: Joan Douglas x
2-15 Representing: City of Houston
2-16 City: Houston
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