By Ellis S.B. No. 1198
74R5484 CAG-F
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, if the municipality proves:
1-21 (1) the property owner was notified of the
1-22 requirements of the ordinance and the owner's need to comply with
1-23 the requirements; and
1-24 (2) after notification, the property owner committed
2-1 an act in violation of the ordinance or failed to take an action
2-2 necessary for compliance with the ordinance.
2-3 SECTION 3. Subchapter A, Chapter 342, Health and Safety
2-4 Code, is amended by adding Section 342.008 to read as follows:
2-5 Sec. 342.008. ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS.
2-6 (a) A municipality may abate, without notice, weeds that:
2-7 (1) have grown higher than 48 inches; and
2-8 (2) are an immediate danger to the health, life, or
2-9 safety of any person.
2-10 (b) Not later than the 10th day after the date the
2-11 municipality abates weeds under this subsection, the municipality
2-12 shall give notice to the property owner in the manner required by
2-13 Section 342.006.
2-14 (c) The notice shall contain:
2-15 (1) an identification, which is not required to be a
2-16 legal description, of the property;
2-17 (2) a description of the violations of the ordinance
2-18 that occurred on the property;
2-19 (3) a statement that the municipality abated the
2-20 weeds; and
2-21 (4) an explanation of the property owner's right to
2-22 request an administrative hearing about the municipality's
2-23 abatement of the weeds.
2-24 (d) The municipality shall conduct an administrative hearing
2-25 on the abatement of weeds under this subsection if, not later than
2-26 the 30th day after the date of the abatement of the weeds, the
2-27 property owner files with the municipality a written request for a
3-1 hearing.
3-2 (e) An administrative hearing conducted under this section
3-3 shall be conducted not later than the 20th day after the date a
3-4 request for a hearing is filed. The owner may testify or present
3-5 any witnesses or written information relating to the
3-6 municipality's abatement of the weeds.
3-7 (f) A municipality may assess expenses and create liens
3-8 under this section as it assesses expenses and creates liens under
3-9 Section 342.007. A lien created under this section is subject to
3-10 the same conditions as a lien created under Section 342.007.
3-11 (g) The authority granted a municipality by this section is
3-12 in addition to the authority granted by Section 342.006.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.