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.