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.