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.