JH H.B. 1138 75(R)    BILL ANALYSIS


URBAN AFFAIRS
H.B. 1138
By: Puente
4-10-97
Committee Report (Amended)


BACKGROUND 

Currently, the only recourse citizens can take when safety and health code
ordinances are violated in their neighborhoods is to contact their city's
Code Compliance Department.  The response time to their complaints has
turned into weeks before a city official can make an initial onsite visit.
With city growth and lack of staff personnel, it is virtually impossible
for city staff to meet the demands of the growing volume of complaints.   

PURPOSE

H.B. No. 1138 will assist the cities in improving the safety and the
upkeep of neighborhoods without having to hire additional staff.  Under
this bill, a city may designate an individual from a registered
neighborhood association to make the initial notification of a health and
safety code violation.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 54, Local Government Code by
adding Section 54.020, Use of Neighborhood Association In Enforcement Of
Certain Ordinances.   
 
 a) neighborhood association must be registered with city. 
 
 b) a city may institute a program using volunteers for notification
purposes without  entering the property at which the violation occurs.  
 
 c) a city shall establish an instructional training program for
volunteers.  
 
 d)  a trained volunteer will contact the resident and the city of the
violation.   
 
 e) the trained volunteer is not a peace officer, may not carry a weapon
and has no    authority to enforce other ordinances.  
 
 f) a trained volunteers initial notice will serve as the first warning of
a code violation.  
 
 g) a trained volunteer is not entitled to compensation or indemnification
from city or state  for injury or property damage the person sustains or
liability the person incurs while  performing duties under this section. 

 h) city or state are not liable for any damages arising from an act or
omission of a person  trained under this subsection (c) in performing
activities under this section. 


 SECTION 2.  Emergency clause.
 
 EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 adds Subsection (i) regarding liability of
volunteers making bad faith complaints. 

Committee Amendment No. 2 rephrases the municipal authority to make
volunteer appointments for health and safety reasons.