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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