BILL ANALYSIS


                                                    C.S.S.B. 1198
                                                        By: Ellis
                                      Intergovernmental Relations
                                                         03-30-95
                                   Committee Report (Substituted)
BACKGROUND

Urban municipalities have seen 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 are hampered in their ability to expedite
abatement of nuisances that are hazardous to the public because of
notice requirements, lien restrictions, limitations on the
imposition of civil penalties, and other constraints.

PURPOSE

As proposed, C.S.S.B. 1198 grants power to a municipality to abate
certain nuisances that are dangerous to the public health or
safety; creates a civil 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 Section 214.001(o), Local Government Code, to
provide that a lien is a privileged lien subordinate only to tax
liens if a notice is given and the opportunity to relocate the
tenants of a building or to repair, remove, or demolish the
building is afforded to each mortgagee and lienholder.  Deletes a
provision regarding mortgage liens.

SECTION 2. Amends Section 214.0015, Local Government Code, by
adding Subsections (j), (k), and (l), as follows:

     (j)  Authorizes a municipality, by order, to assess and
     recover a civil penalty against a property owner at the time
     of an administrative hearing on violations of an ordinance, in
     an amount not to exceed $1,000 a day for each violation, if
     the municipality proves that the property owner was notified
     of the requirements of the ordinance and the owner's need to
     comply with the requirements; and after notification, the
     property owner committed an act in violation of or failed to
     take an action necessary for compliance with the ordinance.
     
     (k)  Provides that an assessment of a civil penalty under
     Subsection (j) is final and binding and constitutes prima
     facie evidence of the penalty in any suit brought by a
     municipality in a court of competent jurisdiction for a final
     judgment in accordance with the assessed penalty.
     
     (l)  Requires the clerk or secretary of the municipality to
     file with the district clerk of the county a certified copy of
     an order issued under Subsection (j), stating the amount and
     duration of the penalty, in order to enforce a civil penalty. 
     Provides that no other proof is required for a district court
     to enter a final judgment on the penalty.
SECTION 3. Amends Chapter 342A, Health and Safety Code, by adding
Section 342.008, as follows:

     Sec. 342.008.  ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS. 
     (a)  Authorizes a municipality to abate, without notice, weeds
     that have grown higher than 48 inches and are an immediate
     danger to the health, life, or safety of any person.
     
     (b)  Requires the municipality to give notice to the
       property owner in the manner required by Section 342.006 no
       later than the 10th day after the date the municipality
       abates weeds.
       
       (c)  Requires a notice to contain certain information.
       
       (d)  Requires a municipality to conduct an administrative
       hearing on the abatement of weeds under this subsection if,
       no later than 30 days after weed abatement, the property
       owner files with the municipality a written request for a
       hearing.
       
       (e)  Requires an administrative hearing conducted under this
       section to be conducted no later than 20 days after a
       hearing request is filed.  Authorizes an owner to testify or
       present any witnesses or written information relating to the
       municipality's abatement of the weeds.
       
       (f)  Authorizes a municipality to assess expenses and create
       liens under this section as it assesses expenses and creates
       liens under Section 342.007.  Provides that a lien created
       under this section is subject to the same conditions as a
       lien created under Section 342.007.
       
       (g)  Provides that the authority granted a municipality by
       this section is in addition to the authority granted by
       Section 342.006.
       
       SECTION 4.   Emergency clause.
           Effective date: upon passage.