By: Whitmire S.B. No. 114 73R1512 SHS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to municipal authority over substandard hazardous 1-3 buildings. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 214.001, Local Government Code, is 1-6 amended by adding Subsections (h)-(n) to read as follows: 1-7 (h) In conducting a hearing authorized under this section, 1-8 the municipality shall comply with the principles established in 1-9 Subsections (i)-(n) in establishing a reasonable time for an owner 1-10 or lienholder to perform the work required to secure, repair, 1-11 remove, or demolish the building. 1-12 (i) A municipality may not allow the owner or lienholder 1-13 more than 30 days to: 1-14 (1) secure the building; or 1-15 (2) repair, remove, or demolish the building, unless 1-16 the owner or lienholder establishes at the hearing that the work 1-17 cannot reasonably be performed within 30 days. 1-18 (j) If the municipality allows the owner or lienholder more 1-19 than 30 days to repair, remove, or demolish the building, the 1-20 municipality shall establish specific time schedules for the 1-21 commencement and performance of the work and shall require the 1-22 owner or lienholder to secure the property in a reasonable manner 1-23 from unauthorized entry while the work is being performed, as 1-24 determined by the hearing official. 2-1 (k) A municipality may not allow the owner or lienholder 2-2 more than 90 days to repair, remove, or demolish the building or 2-3 fully perform all work required to comply with the order unless the 2-4 owner or lienholder: 2-5 (1) submits a detailed plan and time schedule for the 2-6 work at the hearing; and 2-7 (2) establishes at the hearing that the work cannot 2-8 reasonably be completed within 90 days because of the scope and 2-9 complexity of the work. 2-10 (l) If the municipality allows the owner or lienholder more 2-11 than 90 days to complete any part of the work required to repair, 2-12 remove, or demolish the building, the municipality shall require 2-13 the owner or lienholder to regularly submit progress reports to the 2-14 hearing official or the official's designee to demonstrate that the 2-15 owner or lienholder has complied with time schedules established 2-16 for commencement and performance of the work. The order may 2-17 require that the owner or lienholder appear before the hearing 2-18 official or the designee to demonstrate compliance with the time 2-19 schedules. 2-20 (m) In a public hearing to determine whether a building 2-21 complies with the standards set out in an ordinance adopted under 2-22 this section, the owner or lienholder has the burden of proof to 2-23 demonstrate the scope of work required to be performed under the 2-24 ordinance and the time it will take to reasonably perform the work. 2-25 (n) A notice of a hearing sent to an owner or lienholder 2-26 under this section must include a provision that reminds the owner 2-27 or lienholder that the owner or lienholder must submit at the 3-1 hearing proof of the scope of the work required to be performed 3-2 under the ordinance and the time it will take to reasonably perform 3-3 the work. 3-4 SECTION 2. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended, 3-9 and that this Act take effect and be in force from and after its 3-10 passage, and it is so enacted.