BILL ANALYSIS



S.B. 1198
By: Ellis (Thompson)
May 9, 1995
Committee Report (Unamended)


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

The  purpose of this bill is to: strengthen certain notification
provisions relating to liens; elevate a city's demolition lien to
a higher priority than previously exist; clarify that the priority
includes liens for the relocation of endangered tenants; allow
cities to recover civil penalties of up to $1,000 per day in
administrative penalties when the owners fail or refuse to correct
violations on their properties; and 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 Amends Section 214.001 (g) and (o), Local
Government Code, to strengthen notification provisions, include
tenant relocation language for lien priority purposes and deletes
lien language to clarify lien priority in those instances wherein
mortgage lienholder have been given notice and an opportunity to
appear at hearings and afforded an opportunity to comply with
orders issued against properties.


SECTION 2. Amends Section 214.0015, Local Government Code, by
adding Subsections (j), (k), and (l) 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 for each
violation, and makes provisions for assessment and enforcement.


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.

SUMMARY OF COMMITTEE ACTION

SB 1198 was considered by the committee in a public hearing on May
8, 1995.  The bill was reported favorably without amendment, with
the recommendation that it do pass and be printed, by a record vote
of 6 ayes, 0 nays, 0 pnv, and 3 absent.