1-1 By: Whitmire S.B. No. 524
1-2 (In the Senate - Filed March 1, 1993; March 2, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 10, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 9, Nays 1; March 10, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-20 Amend S.B. No. 524 as follows:
1-21 (1) SECTION 1, Section 342.006, line 47, insert between
1-22 "owner" and "that"; "by certified mail, return receipt requested,".
1-23 (2) Line 52, insert between "period," and "the"; the word
1-24 "and";
1-25 insert between "municipality" and "without"; "has not
1-26 been informed in writing by the owner of an ownership change, then
1-27 the municipality".
1-28 (3) Amend by adding a new Section 2 reading as follows and
1-29 renumbering current Section 2 as Section 3:
1-30 SECTION 2. Subsection (b), Section 342.007, Health and
1-31 Safety Code, is amended to read as follows:
1-32 (b) To obtain a lien against the property, the mayor,
1-33 municipal health authority, or other municipal official designated
1-34 by the mayor must file a statement of expenses with the county
1-35 clerk of the county in which the municipality is located. The lien
1-36 statement must state the name of the owner, if known, and the legal
1-37 description of the property. The lien attaches on the filing of
1-38 the lien statement with the county clerk.
1-39 A BILL TO BE ENTITLED
1-40 AN ACT
1-41 relating to the authority of a municipality to correct certain
1-42 violations of municipal sanitation regulations.
1-43 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-44 SECTION 1. Section 342.006, Health and Safety Code, is
1-45 amended by adding Subsection (c) to read as follows:
1-46 (c) The municipality in the notice of a violation may inform
1-47 the owner that if the owner commits another violation on or before
1-48 the first anniversary of the date of the notice, the municipality
1-49 without further notice may correct the violation at the owner's
1-50 expense and assess the expense against the property. If a
1-51 violation covered by a notice under this subsection occurs within
1-52 the one-year period, the municipality without notice may take any
1-53 action permitted by Subsections (a)(1) and (2) and assess its
1-54 expenses as provided by Section 342.007.
1-55 SECTION 2. The importance of this legislation and the
1-56 crowded condition of the calendars in both houses create an
1-57 emergency and an imperative public necessity that the
1-58 constitutional rule requiring bills to be read on three several
1-59 days in each house be suspended, and this rule is hereby suspended,
1-60 and that this Act take effect and be in force from and after its
1-61 passage, and it is so enacted.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 March 10, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Intergovernmental Relations to which was
2-2 referred S.B. No. 524, have had the same under consideration, and I
2-3 am instructed to report it back to the Senate with the
2-4 recommendation that it do pass, as amended, and be printed.
2-5 Armbrister,
2-6 Chairman
2-7 * * * * *
2-8 WITNESSES
2-9 FOR AGAINST ON
2-10 ___________________________________________________________________
2-11 Name: Walter Fisher x
2-12 Representing: Texas Municipal League
2-13 City: Austin
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2-15 Name: David Mintz x
2-16 Representing: Texas Apartment Assoc.
2-17 City: Austin
2-18 -------------------------------------------------------------------
2-19 Name: Beatrice Link x
2-20 Representing: City of Houston
2-21 City: Houston
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2-23 Name: Donna Kristaponis x
2-24 Representing: City of Houston
2-25 City: Houston
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2-27 Name: Joan Douglas x
2-28 Representing: City of Houston
2-29 City: Houston
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