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


Senate Research CenterS.B. 1722
By: West
Intergovernmental Relations
4-10-97
Committee Report (Amended)


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 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. 

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


SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 2, line 12, insert the line "by certified mail, return receipt
requested, a copy of the order." 

Page 2, lines 14-16, delete "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." 

Page 2, line 21, insert the following:  "If a notice is mailed according
to this subsection and the U.S. Postal Service returns the notice as
"refused" or "unclaimed," the validity of the notice is not affected; and
the notice shall be deemed as delivered."