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.