SLC H.B. 2666 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
H.B. 2666
By: Garcia
4-23-97
Committee Report (Unamended)



BACKGROUND 

Under current state law, violations of ordinances relating to municipal
building codes or to the condition, use or appearance of property in a
municipality are subject to criminal enforcement only.  This places a very
high burden of proof requirement on municipalities, far more than that
required for violations of similar municipal ordinances such as fire
safety codes and building construction requirements.  As a result,
enforcement of these kinds of ordinances is lax, difficult to prosecute
and very expensive.  Changes in state law are needed to allow these kinds
of ordinances to be enforced in the same manner as similar ordinances. 

PURPOSE

HB 2666 will allow violations of municipal ordinances relating to
municipal building codes or to the condition, use or appearance of
property to be enforced in a quasi-judicial manner and provide an option
for settlement of such cases through a civil adjudication process. 

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 Sec. 54.032, Local Government Code, as follows:

 Sec. 54.032. ORDINANCES SUBJECT TO QUASI-JUDICIAL ENFORCEMENT.
  (5) relating to building codes or to the condition, use, or appearance
of property in a municipality to the list of ordinances subject to
quasi-judicial enforcement. 

SECTION 2. Amends Subchapter C, Chapter 54, Local Government Code, by
adding Sec. 54.043 as follows: 

 Sec. 54.043. ALTERNATIVE ADJUDICATION PROCESSES. Allows a municipality to
adopt by ordinance a civil adjudication process as an alternative to the
enforcement process prescribed by the other provisions of this subchapter,
for the enforcement of ordinances described by Sec. 54.032.  The
alternative process must contain provisions relating to notice, the
conduct of proceedings, permissible orders, penalties, and judicial review
that are similar to the provisions of this subchapter.   

SECTION 3. Emergency clause.