By Dutton                                             H.B. No. 1112
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain vacant single-family houses in certain
    1-3  municipalities; providing a civil penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter Z, Chapter 214, Local Government Code,
    1-6  is amended by adding Section 214.903 to read as follows:
    1-7        Sec. 214.903.  VACANT SINGLE-FAMILY HOUSES IN CERTAIN
    1-8  MUNICIPALITIES; CIVIL PENALTY.  (a)  This section applies only in a
    1-9  municipality with a population of 1.5 million or more.  This
   1-10  section does not apply to a new single-family house that has never
   1-11  been occupied as a residence or to a single-family house at which
   1-12  the utilities are turned off for purposes of rehabilitation or
   1-13  remodeling the structure and for which there is an active building
   1-14  permit on file for the rehabilitation or remodeling.  This section
   1-15  also does not apply to a noteholder that owns a single-family house
   1-16  as a result of foreclosure or default on a loan and the noteholder
   1-17  is attempting to sell the house.
   1-18        (b)  Except as provided by Subsection (c), an owner of a
   1-19  single-family house in which all utilities have been disconnected
   1-20  for at least 60 consecutive days and that is not occupied by the
   1-21  owner or a person authorized by the owner shall:
   1-22              (1)  file a registration form with the secretary of the
   1-23  municipality in which the house is located on a form prescribed by
   1-24  the secretary; and
    2-1              (2)  pay the secretary of the municipality a $50
    2-2  registration fee.
    2-3        (c)  A person otherwise required to register under Subsection
    2-4  (b) who is in active military service or who is actively attempting
    2-5  to sell, lease, or rent the house through a real estate broker or
    2-6  salesman is not required to register and pay the registration fee
    2-7  under Subsection (b) if the person files an affidavit with the
    2-8  secretary of the municipality in which the house is located that
    2-9  states that the person is either in active military service or is
   2-10  actively attempting to sell, lease, or rent the house, as
   2-11  applicable.
   2-12        (d)  A person who fails to register or pay the registration
   2-13  fee required by Subsection (b) is liable to the municipality for a
   2-14  civil penalty in the amount of $500 for each day that the person
   2-15  fails to register or pay the registration fee.  On the request of
   2-16  the governing body of the municipality in which the house is
   2-17  located, the city attorney shall file in a district court or county
   2-18  court at law a civil action to recover the civil penalty.
   2-19        (e)  A penalty recovered under this section shall be
   2-20  deposited in the general fund of the municipal treasury.
   2-21        SECTION 2.  Section 214.903, Local Government Code, as added
   2-22  by this Act, applies only to a single-family house for which the 60
   2-23  consecutive days without utility service and the lack of occupancy
   2-24  by the owner or authorized person occur on or after the effective
   2-25  date of this Act.
   2-26        SECTION 3.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.