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.