By Giddings                                     H.B. No. 2422

      75R3898 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to municipal regulation of dangerous structures.


 1-4           SECTION 1.  Section 214.001, Local Government Code, is

 1-5     amended by amending Subsections (e) and (g) and adding Subsections

 1-6     (p) and (q) to read as follows:

 1-7           (e)  As an alternative to the procedure prescribed by

 1-8     Subsection (d), the municipality may make a diligent effort to

 1-9     discover each mortgagee and lienholder before conducting the public

1-10     hearing and may give them a notice of and an opportunity to comment

1-11     at the hearing.  In addition, the municipality may file notice of

1-12     the hearing in the Official Public Records of Real Property in the

1-13     county in which the property is located.  The notice must contain

1-14     the name and address of the owner of the affected property if that

1-15     information can be determined [from a reasonable search of the

1-16     instruments on file in the office of the county clerk], a legal

1-17     description of the affected property, and a description of the

1-18     hearing.  The filing of the notice is binding on subsequent

1-19     grantees, lienholders, or other transferees of an interest in the

1-20     property who acquire such interest after the filing of the notice,

1-21     and constitutes notice of the hearing on any subsequent recipient

1-22     of any interest in the property who acquires such interest after

1-23     the filing of the notice.  If the municipality operates under this

1-24     subsection, the order issued by the municipality may specify a

 2-1     reasonable time as provided by this section for the building to be

 2-2     vacated, secured, repaired, removed, or demolished by the owner or

 2-3     for the occupants to be relocated by the owner and an additional

 2-4     reasonable time as provided by this section for the ordered action

 2-5     to be taken by any of the mortgagees or lienholders in the event

 2-6     the owner fails to comply with the order within the time provided

 2-7     for action by the owner.  Under this subsection, the municipality

 2-8     is not required to furnish any notice to a mortgagee or lienholder

 2-9     other than a copy of the order in the event the owner fails to

2-10     timely take the ordered action.

2-11           (g)  After the hearing, the municipality shall promptly mail

2-12     [by certified mail, return receipt requested,] a copy of the order

2-13     to the owner of the building and to any lienholder or mortgagee of

2-14     the building.  Deposit of the notice in the United States mail with

2-15     postage paid and a proper address is prima facie evidence of the

2-16     delivery of the notice to the person.  The municipality shall use

2-17     its best efforts to determine the identity and address of any

2-18     owner, lienholder, or mortgagee of the building [through the

2-19     records of the county clerk in the county in which the building is

2-20     located and through any other sources available to the

2-21     municipality].

2-22           (p)  A hearing under this section may be held by a civil

2-23     municipal court.

2-24           (q)  A municipality satisfies the requirements of this

2-25     section to make a diligent effort, to use its best efforts, or to

2-26     make a reasonable effort to determine the identity and address of

2-27     an owner, a lienholder, or a mortgagee if the municipality searches

 3-1     the following records:

 3-2                 (1)  county real property records of the county in

 3-3     which the building is located;

 3-4                 (2)  appraisal district records of the appraisal

 3-5     district in which the building is located;

 3-6                 (3)  records of the secretary of state;

 3-7                 (4)  assumed name records of the county in which the

 3-8     building is located;

 3-9                 (5)  tax records of the municipality; and

3-10                 (6)  utility records of the municipality.

3-11           SECTION 2.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended,

3-16     and that this Act take effect and be in force from and after its

3-17     passage, and it is so enacted.