BILL ANALYSIS



C.S.H.B. 2097
By: Thompson
April 17, 1995
Committee Report (Substituted)


BACKGROUND

Urban municipalities have experienced an increase in the number of
properties that are not maintained by owners. The lack of
maintenance of these properties contributes to increased crime,
health and safety hazards, and deterioration of neighborhoods.
Local governments need to be able to hasten the rehabilitation,
securing, or demolition of abandoned dangerous buildings and the
cutting of severely weedy lots. In addition they must be able to
remove endangered occupants from buildings which are dilapidated
and unsafe. However, they are often hampered in their ability to
expedite abatement of nuisances that are hazardous to the public
because of notice requirements, limitations on the imposition of
civil penalties, and other constraints.


PURPOSE

This bill clarifies a city's demolition lien; includes liens for
the relocation of endangered tenants; it would allow cities to
recover civil penalties of up to $1,000 per day ($10 per day for
homesteads) in administrative penalties when the owners fail or
refuse to correct violations on their properties; and it would
allow cities to abate excessive weeds.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.


SECTION BY SECTION ANALYSIS

Section 1. Amends Section 214.001 (o), Local Government Code, to
include tenant relocation language for lien priority purposes.


Section 2. Amends Section 214.0015, Local Government Code, by
adding Subsection (j) which allows a municipality to assess and
recover a civil penalty against a property owner at the time of an
administrative hearing for ordinance violations, in an amount not
to exceed $1,000 per day for each violation or $10 a day if the
owner proves that the property is his or her lawful homestead.


Section 3. Amends Subchapter A, Chapter 342, Health and Safety
Code, by adding Section 342.008 which allows a municipality to
abate an immediate threat to public health, life, or safety if the
weeds on the property are in excess of 48 inches and provide
notification to the owner or owners after abatement.


Section 4. Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute restores the privileged status of previously
recorded bona fide mortgage liens.  The substitute reduces the
maximum daily civil penalty for homestead property from $1,000 to
$10.  The substitute adds provision that civil penalty assessments
constitutes prima facie evidence in judicial proceedings.


SUMMARY OF COMMITTEE ACTION

HB 2097 was considered by the committee in a public hearing on
April 10, 1995.  The committee considered a complete substitute for
the bill.  The substitute was adopted without objection.  The
following people testified in favor of the bill: Rep. Thompson;
Beatrice Link, representing the City of Houston; and Joan Douglas,
representing the City of Houston.  The following people testified
on the bill: Pamela Brown, representing Texas Legal Services
Center.  The Chair referred the bill to a subcommittee consisting
of Rep. Tillery, Chair, Rep. Staples, and Rep. Ehrhardt.  The bill
was recalled from subcommittee in a formal meeting on April 12,
1995.  Two amendments were offered to the substitute.  Amendment
No. 1 was adopted by a record vote of 7 ayes, 1 nay, 0 pnv, and 1
absent.  Amendment No. 2 was adopted without objection.  The bill
was reported favorably as substituted, with the recommendation that
it do pass and be printed by a record vote of 7 ayes, 0 nays, 1
pnv, and 1 absent.