S.B. No. 1198
                                        AN ACT
    1-1  relating to the power of a municipality to abate certain nuisances,
    1-2  including substandard buildings, that are dangerous to the public
    1-3  health or safety; creating a civil penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subsections (g) and (o), Section 214.001, Local
    1-6  Government Code, are amended to read as follows:
    1-7        (g)  After the hearing, the municipality shall promptly mail
    1-8  by certified mail, return receipt requested, a copy of the order to
    1-9  the owner of the building<,> and <if the owner does not take the
   1-10  ordered action within the allotted time, the municipality shall
   1-11  promptly mail by certified mail, return receipt requested, a copy
   1-12  of the order> to any lienholder or mortgagee of the building.  The
   1-13  municipality shall use its best efforts <the records in the office
   1-14  of the county clerk in the county in which the building is located>
   1-15  to determine<, if possible,> the identity and address of any owner,
   1-16  lienholder, or mortgagee of the building through the records of the
   1-17  county clerk in the county in which the building is located and
   1-18  through any other sources available to the municipality.
   1-19        (o)  If the notice is given and the opportunity to relocate
   1-20  the tenants of the building or to repair, remove, or demolish the
   1-21  building is afforded to each mortgagee and lienholder as authorized
   1-22  by Subsection (d), <or> (e), or (g), the lien is a privileged lien
   1-23  subordinate only to tax liens <and all previously recorded bona
   1-24  fide mortgage liens attached to the real property to which the
    2-1  municipality's lien attaches>.
    2-2        SECTION 2.  Section 214.0015, Local Government Code, is
    2-3  amended by adding Subsections (j), (k), and (l) to read as follows:
    2-4        (j)  The municipality by order may assess and recover a civil
    2-5  penalty against a property owner at the time of an administrative
    2-6  hearing on violations of an  ordinance, in an amount not to exceed
    2-7  $1,000 a day for each violation or, if the owner shows that the
    2-8  property is the owner's lawful homestead, in an amount not to
    2-9  exceed $10 a day for each violation, if the municipality proves:
   2-10              (1)  the property owner was notified of the
   2-11  requirements of the ordinance and the owner's need to comply with
   2-12  the requirements; and
   2-13              (2)  after notification, the property owner committed
   2-14  an act in violation of the ordinance or failed to take an action
   2-15  necessary for compliance with the ordinance.
   2-16        (k)  An assessment of a civil penalty under Subsection (j) is
   2-17  final and binding and constitutes prima facie evidence of the
   2-18  penalty in any suit brought by a municipality in a court of
   2-19  competent jurisdiction for a final judgment in accordance with the
   2-20  assessed penalty.
   2-21        (l)  To enforce a civil penalty under this subchapter, the
   2-22  clerk or secretary of the municipality must file with the district
   2-23  clerk of the county in which the municipality is located a
   2-24  certified copy of an order issued under Subsection (j) stating the
   2-25  amount and duration of the penalty.  No other proof is required for
   2-26  a district court to enter a final judgment on the penalty.
   2-27        SECTION 3.  Subchapter A, Chapter 342, Health and Safety
    3-1  Code, is amended by adding Section 342.008 to read as follows:
    3-2        Sec. 342.008.  ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS.
    3-3  (a)  A municipality may abate, without notice, weeds that:
    3-4              (1)  have grown higher than 48 inches; and
    3-5              (2)  are an immediate danger to the health, life, or
    3-6  safety of any person.
    3-7        (b)  Not later than the 10th day after the date the
    3-8  municipality abates weeds under this section, the municipality
    3-9  shall give notice to the property owner in the manner required by
   3-10  Section 342.006.
   3-11        (c)  The notice shall contain:
   3-12              (1)  an identification, which is not required to be a
   3-13  legal description, of the property;
   3-14              (2)  a description of the violations of the ordinance
   3-15  that occurred on the property;
   3-16              (3)  a statement that the municipality abated the
   3-17  weeds; and
   3-18              (4)  an explanation of the property owner's right to
   3-19  request an administrative hearing about the municipality's
   3-20  abatement of the weeds.
   3-21        (d)  The municipality shall conduct an administrative hearing
   3-22  on the abatement of weeds under this section if, not later than the
   3-23  30th day after the date of the abatement of the weeds, the property
   3-24  owner files with the municipality a written request for a hearing.
   3-25        (e)  An administrative hearing conducted under this section
   3-26  shall be conducted not later than the 20th day after the date a
   3-27  request for a hearing is filed.  The owner may testify or present
    4-1  any witnesses or written information relating to the municipality's
    4-2  abatement of the weeds.
    4-3        (f)  A municipality may assess expenses and create liens
    4-4  under this section as it assesses expenses and creates liens under
    4-5  Section 342.007.  A lien created under this section is subject to
    4-6  the same conditions as a lien created under Section 342.007.
    4-7        (g)  The authority granted a municipality by this section is
    4-8  in addition to the authority granted by Section 342.006.
    4-9        SECTION 4.  The importance of this legislation and the
   4-10  crowded condition of the calendars in both houses create an
   4-11  emergency and an imperative public necessity that the
   4-12  constitutional rule requiring bills to be read on three several
   4-13  days in each house be suspended, and this rule is hereby suspended,
   4-14  and that this Act take effect and be in force from and after its
   4-15  passage, and it is so enacted.