AN ACT
1-1 relating to municipal regulation of dangerous structures.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 214.001, Local Government Code, is
1-4 amended by amending Subsections (e) and (g) and adding Subsections
1-5 (p) and (q) to read as follows:
1-6 (e) As an alternative to the procedure prescribed by
1-7 Subsection (d), the municipality may make a diligent effort to
1-8 discover each mortgagee and lienholder before conducting the public
1-9 hearing and may give them a notice of and an opportunity to comment
1-10 at the hearing. In addition, the municipality may file notice of
1-11 the hearing in the Official Public Records of Real Property in the
1-12 county in which the property is located. The notice must contain
1-13 the name and address of the owner of the affected property if that
1-14 information can be determined [from a reasonable search of the
1-15 instruments on file in the office of the county clerk], a legal
1-16 description of the affected property, and a description of the
1-17 hearing. The filing of the notice is binding on subsequent
1-18 grantees, lienholders, or other transferees of an interest in the
1-19 property who acquire such interest after the filing of the notice,
1-20 and constitutes notice of the hearing on any subsequent recipient
1-21 of any interest in the property who acquires such interest after
1-22 the filing of the notice. If the municipality operates under this
1-23 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 to
2-13 the owner of the building and to any lienholder or mortgagee of the
2-14 building. The municipality shall use its best efforts to determine
2-15 the identity and address of any owner, lienholder, or mortgagee of
2-16 the building [through the records of the county clerk in the county
2-17 in which the building is located and through any other sources
2-18 available to the municipality]. If a notice is mailed according to
2-19 this subsection and the United States Postal Service returns the
2-20 notice as "refused" or "unclaimed," the validity of the notice is
2-21 not affected, and the notice shall be deemed as delivered.
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
3-1 make a reasonable effort to determine the identity and address of
3-2 an owner, a lienholder, or a mortgagee if the municipality searches
3-3 the following records:
3-4 (1) county real property records of the county in
3-5 which the building is located;
3-6 (2) appraisal district records of the appraisal
3-7 district in which the building is located;
3-8 (3) records of the secretary of state;
3-9 (4) assumed name records of the county in which the
3-10 building is located;
3-11 (5) tax records of the municipality; and
3-12 (6) utility records of the municipality.
3-13 SECTION 2. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended,
3-18 and that this Act take effect and be in force from and after its
3-19 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1722 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1722 passed the House on
May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor