SRC-MAX S.B. 1722 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1722
By: West
Intergovernmental Relations
4-8-97
As Filed


DIGEST 

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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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 mail by certified mail, return
receipt requested, certain order forms to certain persons.  Provides that
deposit of the notice in the United States mail with postage paid and a
proper address is prima facie evidence of the delivery of the notice to
the person.  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.  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. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.