By Dutton H.B. No. 1308
74R4942 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain vacant single-family houses in certain
1-3 municipalities; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 214, Local Government Code,
1-6 is amended by adding Section 214.903 to read as follows:
1-7 Sec. 214.903. VACANT SINGLE-FAMILY HOUSES IN CERTAIN
1-8 MUNICIPALITIES; CIVIL PENALTY. (a) This section applies only in a
1-9 municipality with a population of 1.5 million or more.
1-10 (b) Except as provided by Subsection (c), an owner of a
1-11 single-family house in which all utilities have been disconnected
1-12 for at least 60 consecutive days and that is not occupied by the
1-13 owner or a person authorized by the owner shall:
1-14 (1) file a registration form with the secretary of the
1-15 municipality in which the house is located on a form prescribed by
1-16 the secretary; and
1-17 (2) pay the secretary of the municipality a $200
1-18 registration fee.
1-19 (c) A person otherwise required to register under Subsection
1-20 (b) who is in active military service or who is actively attempting
1-21 to sell the house is not required to register and pay the
1-22 registration fee under Subsection (b) if the person files an
1-23 affidavit with the secretary of the municipality in which the house
1-24 is located that states that the person either is in active military
2-1 service or is actively attempting to sell the house, as applicable.
2-2 (d) A person who fails to register or pay the registration
2-3 fee required by Subsection (b) is liable to the municipality for a
2-4 civil penalty in the amount of $500 for each day that the person
2-5 fails to register or pay the registration fee. On the request of
2-6 the governing body of the municipality in which the house is
2-7 located, the city attorney shall file in a district court or county
2-8 court at law a civil action to recover the civil penalty.
2-9 (e) A penalty recovered under this section shall be
2-10 deposited in the general fund of the municipal treasury.
2-11 SECTION 2. Section 214.903, Local Government Code, as added
2-12 by this Act, applies only to a single-family house for which the 60
2-13 consecutive days without utility service and with the lack of
2-14 occupancy by the owner or an authorized person occur on or after
2-15 the effective date of this Act.
2-16 SECTION 3. This Act takes effect September 1, 1995.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.