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.