By Thompson H.B. No. 2097 Substitute the following for H.B. No. 2097: By Thompson C.S.H.B. No. 2097 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the power of a municipality to abate certain nuisances 1-3 that are dangerous to the public health or safety; creating a civil 1-4 penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 214.001(o), Local Government Code, is 1-7 amended to read as follows: 1-8 (o) If the notice is given and the opportunity to relocate 1-9 the tenants of the building or to repair, remove, or demolish the 1-10 building is afforded to each mortgagee and lienholder as authorized 1-11 by Subsection (d) or (e), the lien is a privileged lien subordinate 1-12 only to tax liens and all previously recorded bona fide mortgage 1-13 liens attached to the real property to which the municipality's 1-14 lien attaches. 1-15 SECTION 2. Section 214.0015, Local Government Code, is 1-16 amended by adding Subsection (j) to read as follows: 1-17 (j) The municipality may assess and recover a civil penalty 1-18 against a property owner at the time of an administrative hearing 1-19 on violations of an ordinance, in an amount not to exceed $1,000 a 1-20 day for each violation or, if the owner shows that the property is 1-21 the owner's lawful homestead, in an amount not to exceed $10 a day 1-22 for each violation, if the municipality proves: 1-23 (1) the property owner was notified of the 1-24 requirements of the ordinance and the owner's need to comply with 2-1 the requirements; and 2-2 (2) after notification, the property owner committed 2-3 an act in violation of the ordinance or failed to take an action 2-4 necessary for compliance with the ordinance. 2-5 (k) An assessment of a civil penalty under Subsection (j) is 2-6 final and binding and constitutes prima facie evidence of the 2-7 penalty in any suit brought by a municipality in a court of 2-8 competent jurisdiction for a final judgment in accordance with the 2-9 assessed penalty. 2-10 (l) To enforce a civil penalty under this subchapter, the 2-11 clerk or secretary of the municipality must file with the district 2-12 clerk of the county in which the municipality is located a 2-13 certified copy of an order issued under Subsection (j) stating the 2-14 amount and duration of the penalty. No other proof is required for 2-15 a district court to enter a final judgment on the penalty. 2-16 SECTION 3. Subchapter A, Chapter 342, Health and Safety 2-17 Code, is amended by adding Section 342.008 to read as follows: 2-18 Sec. 342.008. ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS. 2-19 (a) A municipality may abate, without notice, weeds that: 2-20 (1) have grown higher than 48 inches; and 2-21 (2) are an immediate danger to the health, life, or 2-22 safety of any person. 2-23 (b) Not later than the 10th day after the date the 2-24 municipality abates weeds under this subsection, the municipality 2-25 shall give notice to the property owner in the manner required by 2-26 Section 342.006. 2-27 (c) The notice shall contain: 3-1 (1) an identification, which is not required to be a 3-2 legal description, of the property; 3-3 (2) a description of the violations of the ordinance 3-4 that occurred on the property; 3-5 (3) a statement that the municipality abated the 3-6 weeds; and 3-7 (4) an explanation of the property owner's right to 3-8 request an administrative hearing about the municipality's 3-9 abatement of the weeds. 3-10 (d) The municipality shall conduct an administrative hearing 3-11 on the abatement of weeds under this subsection if, not later than 3-12 the 30th day after the date of the abatement of the weeds, the 3-13 property owner files with the municipality a written request for a 3-14 hearing. 3-15 (e) An administrative hearing conducted under this section 3-16 shall be conducted not later than the 20th day after the date a 3-17 request for a hearing is filed. The owner may testify or present 3-18 any witnesses or written information relating to the municipality's 3-19 abatement of the weeds. 3-20 (f) A municipality may assess expenses and create liens 3-21 under this section as it assesses expenses and creates liens under 3-22 Section 342.007. A lien created under this section is subject to 3-23 the same conditions as a lien created under Section 342.007. 3-24 (g) The authority granted a municipality by this section is 3-25 in addition to the authority granted by Section 342.006. 3-26 SECTION 4. The importance of this legislation and the 3-27 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended, 4-4 and that this Act take effect and be in force from and after its 4-5 passage, and it is so enacted.