S.B. No. 74 AN ACT 1-1 relating to the authority of a county to regulate dangerous 1-2 structures; providing a penalty. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 7, Local Government Code, is 1-5 amended by adding Chapter 239 to read as follows: 1-6 CHAPTER 239. COUNTY REGULATION OF STRUCTURES 1-7 Sec. 239.001. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF 1-8 BUILDING OR OTHER STRUCTURE. (a) If the commissioners court of a 1-9 county that borders the Gulf of Mexico and is adjacent to a county 1-10 with a population of more than 2.5 million finds that a bulkhead or 1-11 other method of shoreline protection, hereafter called "structure," 1-12 in an unincorporated area of the county is likely to endanger 1-13 persons or property, the commissioners may: 1-14 (1) order the owner of the structure, the owner's 1-15 agent, or the owner or occupant of the property on which the 1-16 structure is located to repair, remove, or demolish the structure 1-17 or the part of the structure within a specified time; or 1-18 (2) repair, remove, or demolish the structure or the 1-19 part of the structure at the expense of the county on behalf of the 1-20 owner of the structure or the owner of the property on which the 1-21 structure is located and assess the repair, removal, or demolition 1-22 expenses on the property on which the structure was located. 1-23 (b) The commissioners court shall provide by order for: 1-24 (1) the assessment of repair, removal, or demolition 2-1 expenses incurred under Subsection (a)(2); 2-2 (2) a method of giving notice of the assessment; and 2-3 (3) a method of recovering the expenses. 2-4 (c) Promptly after the assessment, the county must file for 2-5 record, in recordable form in the office of the county clerk in 2-6 which the property is located, a written notice of the imposition 2-7 of a lien, if any, that is imposed on the property. The notice 2-8 must contain a legal description of the property, the amount of the 2-9 assessment, and the owner if known. The lien arises and attaches 2-10 to the property at the time the notice of the assessment is 2-11 recorded and indexed in the office of the county clerk in the 2-12 county in which the property is located. The notice to secure the 2-13 assessment is inferior to any previously recorded bona fide 2-14 mortgage lien attached to the property to which the county's lien 2-15 attaches if the mortgage lien was filed for record in the office of 2-16 the county clerk of the county in which the property is located 2-17 before the date the notice is recorded and indexed in the office of 2-18 the county clerk. The assessment lien is superior to all other 2-19 previously recorded judgment liens. 2-20 (d) A person commits an offense if the person does not 2-21 comply with an order issued under Subsection (a)(1). An offense 2-22 under this section is a Class C misdemeanor. 2-23 (e) This section does not apply to a: 2-24 (1) residential building; or 2-25 (2) building or other structure that is owned or held 2-26 in trust by the state or a political subdivision of this state; or 2-27 (3) building or structure used on or in connection 3-1 with an agricultural operation. 3-2 SECTION 2. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended, 3-7 and that this Act take effect and be in force from and after its 3-8 passage, and it is so enacted.