By:  West                                             S.B. No. 1722

                                A BILL TO BE ENTITLED

                                       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.