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 2-14 ------------------------------------------------------------------- 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 2-22 ------------------------------------------------------------------- 2-23 Name: Donna Kristaponis x 2-24 Representing: City of Houston 2-25 City: Houston 2-26 ------------------------------------------------------------------- 2-27 Name: Joan Douglas x 2-28 Representing: City of Houston 2-29 City: Houston 2-30 -------------------------------------------------------------------