1-1 By: Patterson S.B. No. 631
1-2 (In the Senate - Filed March 4, 1993; March 8, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 15, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 April 15, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 631 By: Patterson
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the authority of a municipality to provide for the
1-24 repair and assessment of repairs of bulkheads or other structures.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 214.002, Local Government Code, is
1-27 amended to read as follows:
1-28 Sec. 214.002. Requiring Repair, Removal, or Demolition of
1-29 Building or Other Structure. (a) If the governing body of a <Type
1-30 A general-law> municipality finds that a building, bulkhead or
1-31 other method of shoreline protection, fence, shed, awning, or other
1-32 structure, or part of a structure, is likely to <fall and> endanger
1-33 persons or property, the governing body may:
1-34 (1) order the owner of the structure, the owner's
1-35 agent, or the owner or occupant of the property on which the
1-36 structure is located to repair, remove, or demolish the structure,
1-37 or the part of the structure, within a specified time; or
1-38 (2) repair, remove, or demolish the structure, or the
1-39 part of the structure, at the expense of the municipality, on
1-40 behalf of the owner of the structure or the owner of the property
1-41 on which the structure is located, and assess the repair, removal,
1-42 or demolition expenses on the property on which the structure was
1-43 located.
1-44 (b) The governing body shall provide by ordinance for:
1-45 (1) the assessment of repair, removal, or demolition
1-46 expenses incurred under Subsection (a)(2);
1-47 (2) a method of giving notice of the assessment; and
1-48 (3) a method of recovering the expenses.
1-49 (c) The governing body may punish by a fine, confinement in
1-50 jail, or both a person who does not comply with an order issued
1-51 under Subsection (a)(1).
1-52 SECTION 2. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended,
1-57 and that this Act take effect and be in force from and after its
1-58 passage, and it is so enacted.
1-59 * * * * *
1-60 Austin,
1-61 Texas
1-62 April 15, 1993
1-63 Hon. Bob Bullock
1-64 President of the Senate
1-65 Sir:
1-66 We, your Committee on Intergovernmental Relations to which was
1-67 referred S.B. No. 631, have had the same under consideration, and I
1-68 am instructed to report it back to the Senate with the
2-1 recommendation that it do not pass, but that the Committee
2-2 Substitute adopted in lieu thereof do pass and be printed.
2-3 Armbrister,
2-4 Chairman
2-5 * * * * *
2-6 WITNESSES
2-7 FOR AGAINST ON
2-8 ___________________________________________________________________
2-9 Name: Susan Horton x
2-10 Representing: TML
2-11 City: Austin
2-12 -------------------------------------------------------------------
2-13 Name: Walter Fisher x
2-14 Representing: TML
2-15 City: Austin
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2-17 Name: The Honorable Billie Moore, Mayor x
2-18 Representing: Village of Bayou Vista
2-19 City: Bayou Vista
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