BILL ANALYSIS



S.B. 74
By: Patterson (Uher)
5-10-95
Committee Report (Amended)



BACKGROUND

The 73rd Legislature allowed general law municipalities to provide
for the repair, demolition, or assessment of repairs of bulkheads. 


PURPOSE

As proposed, S.B. 74 regulates potentially dangerous structures;
provides a penalty.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 7B, Local Government Code, by adding
Chapter 239, as follows:

          CHAPTER 239.  COUNTY REGULATION OF STRUCTURES

     Sec. 239.001.  REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF
     BUILDING OR OTHER STRUCTURE.  (a) Authorizes the commissioners
     court of a county that borders the Gulf of Mexico and is
     adjacent to a county with a population of more than 2.5
     million to regulate potentially dangerous structures in
     unincorporated areas by ordering the structure's owner to
     repair, remove, or demolish the structure or by having the
     county act on behalf of the owner and then assess expenses on
     the property.
     
     (b) Requires the commissioners court to provide by order an
     assessment of expenses for repair, removal or demolition; a
     method of giving notice of the assessment; and a method of
     recovering the expenses.
     
     (c) Requires the county to promptly file for record a notice
     of the imposition of a lien, if any, that is imposed on the
     property.  Requires the notice to contain a legal description
     of the property, the amount of the assessment, and the owner
     if known.  Provides that the lien arises and attaches to the
     property at the time the notice of the assessment is recorded
     and indexed in the county clerk's office in the county in
     which the property is located.  Provides that the notice to
     secure the assessment is inferior to any previously recorded
     bona fide mortgage lien attached to the property to which the
     county's lien attaches if the mortgage lien was filed for
     record before the date the notice is recorded and indexed in
     the county clerk's office.  Provides that the assessment lien
     is superior to all other previously recorded judgment liens.
     
     (d) Provides that a person who violates an order commits a
     Class C misdemeanor.
     
     (e) Provides that this section does not apply to a residential
     building or a structure that is owned or held in trust by a
     political subdivision.
SECTION 2. Emergency clause.
           Effective date:  upon passage.


EXPLANATION OF AMENDMENTS

Committee amendment #1 provides that this section does not apply to
a building or other structure that is owned or held in trust by the
state.

Committee amendment #1, on page 1, lines 7-14, strikes Section
239.001 in its entirety and replaces it with language that states
the commissioners court may only take action on a "bulkhead or
other methods of shoreline protection", whereas the engrossed
version of the bill allowed the commissioners court to act on a
"building, bulkhead, or other shoreline protection, fence, shed,
awning, or other structure or part of a structure".

Committee amendment #1 provides that this section does not apply to
a building or structure used on or in connection with an
agriculture operation.


SUMMARY OF COMMITTEE ACTION

SB 74 was considered by the County Affairs Committee in a formal
meeting on 5/10/95. The committee considered one committee
amendment. The amendment was adopted without objection. SB 74 was
reported favorably, as amended, with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars, by the record vote of 7 ayes, 0 nays, 0 pnv, 2
absent.