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 2-17 -------------------------------------------------------------------