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.