By: Flores H.B. No. 959
73R3948 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to vacant lots in certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 342, Health and Safety Code, is amended
1-5 by adding Section 342.0045 to read as follows:
1-6 Sec. 342.0045. VACANT LOTS IN CERTAIN MUNICIPALITIES. (a)
1-7 This section applies only in a municipality with a population of
1-8 1.5 million or more.
1-9 (b) An individual who is not the owner may:
1-10 (1) keep a lot that has been vacant for at least 60
1-11 consecutive days free from weeds, rubbish, brush, or other
1-12 objectionable, unsightly, or unsanitary matter; and
1-13 (2) pay any delinquent property taxes, encumbrances,
1-14 or other debts on the lot.
1-15 (c) A lot is vacant if the lot is open and does not have any
1-16 structure on it or any individuals who reside on it.
1-17 (d) Each time an individual performs a service under
1-18 Subsection (b) or pays a delinquent debt on the lot, the individual
1-19 may file a sworn claim under this section, on a form prescribed by
1-20 the county clerk, in the real property records with the county
1-21 clerk of the county in which the lot is located. The county clerk
1-22 shall adopt a schedule of claim amounts for services under
1-23 Subsection (b).
1-24 (e) Not later than the 10th day after the date an individual
2-1 files a claim under Subsection (d), the individual shall send the
2-2 owner identified in the county tax records a notice of the claim by
2-3 certified mail and by regular mail. The notice must contain a copy
2-4 of the claim filed with the county clerk and a statement that
2-5 failure to pay the claim may result in the sale of the lot under
2-6 the procedures established in Section 51.002, Property Code,
2-7 relating to the sale of property under a contract lien.
2-8 (f) An individual may not perform a service under this
2-9 section more than once each 30 days.
2-10 (g) Each claim filed with the county clerk is a separate
2-11 lien against the lot. The lien is held by the individual filing
2-12 the claim. The amount of the lien includes any fees assessed by
2-13 the county clerk for the filing of the lien.
2-14 (h) An individual who enters a vacant lot for the purposes
2-15 of this section is granted a right of entry to perform the services
2-16 under this section.
2-17 (i) If the individual has kept the lot free from weeds,
2-18 rubbish, brush, or other objectionable, unsightly, or unsanitary
2-19 matter for one year or more after the date the first claim is filed
2-20 under this section and if the owner of the lot has not paid the
2-21 total amount of all claims filed under this section, the individual
2-22 may sell the lot using the notice and sale procedures under Section
2-23 51.002, Property Code, relating to a sale of property under a
2-24 contract lien.
2-25 (j) If, at any time before a sale under Subsection (i), the
2-26 owner of the lot pays the county clerk the amount of all claims
2-27 filed under this section, the individual may not sell the lot. The
3-1 county clerk shall remit all money paid by the owner under this
3-2 subsection to the individual, and the individual shall file with
3-3 the county clerk in the real property records a release of all
3-4 liens created and held by the individual under this section.
3-5 (k) The individual may purchase the lot at a sale under
3-6 Subsection (i).
3-7 SECTION 2. Section 342.0045, Health and Safety Code, as
3-8 added by this Act, applies only to the creation of a lien based on
3-9 the keeping of a lot or the paying of a debt on or after the
3-10 effective date of this Act.
3-11 SECTION 3. This Act takes effect September 1, 1993.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.