JH S.B. 1722 75(R)    BILL ANALYSIS


URBAN AFFAIRS
S.B. 1722
By: West, Royce (Giddings)
5-5-97
Committee Report (Unamended)



BACKGROUND 

Currently, a municipality must initiate code enforcement 
proceedings against an owner of 
property for violations of building and safety code. The 
proceedings can last several months 
before the time the municipality is near a judgment requiring 
compliance. In many instances, the 
owner can easily transfer ownership of the property to a 
different person in order to disrupt the 
enforcement proceedings, thus causing this lengthy process to be 
reinstated against the new 
owners. This bill sets forth certain provisions relating to the 
municipal regulation of dangerous 
structures.

PURPOSE

As proposed, S.B. 1722 sets forth the provisions for municipal 
regulation of dangerous 
structures.

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 Section 214.001, Local Government Code, by 
amending Subsections (e) 
and (g) and adding Subsections (p) and (q), to delete a provision 
requiring a notice of a certain 
hearing to contain certain information if that information can be 
determined from a reasonable 
search of the instruments on file in the office of the county 
clerk. Deletes a provision requiring a 
municipality to determine the identity and address of certain 
persons though the use of records of 
the county clerk in the county in which the building is located 
and through any other sources 
available to the municipality. Requires the notice to be deemed 
as delivered under certain 
conditions. Authorizes a hearing to be held by a civil municipal 
court. Provides that a 
municipality satisfies the requirements of this section if the 
municipality searches certain records.