SRC-JJJ H.B. 1110 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1110
By: Smith (Ellis)
Intergovernmental Relations
4/28/1999
Committee Report (Amended)


DIGEST 

Currently, Texas law allows municipal code violators to leave their
property in a non-conforming status for 10 days, which may have an adverse
impact on property values.  In addition, the 10-day limit curtails a local
government's right to control municipal code violations.  H.B. 1110 would
establish conditions regarding the requirements for notice and violations
of certain municipal ordinances.   

PURPOSE

As proposed, H.B. 1110 establishes conditions regarding the requirements
for notice and violations of certain municipal ordinances.   

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 342.006, Health and Safety Code, to authorize a
municipality to perform certain tasks, if the owner of property in the
municipality does not comply with a municipal ordinance or requirement
within seven days, rather than 10 days, of notice of the violation.  Sets
forth requirements by which the notice must be given, including by letter
addressed to the owner's recorded address, or providing certain
circumstances by publication at least once, rather than twice within 10
consecutive days.  Provides that if the properly mailed notice is returned
and marked as "refused" or "unclaimed" the validity of the notice is not
affected and is considered as delivered. Authorizes a municipality, in a
notice, to inform the owner by regular mail, rather than certified mail and
return receipt requested, and by posting certain information on the
property.   

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 342.006, Health and Safety Code, to set forth requiremetns
regarding service of a notice.  Establishes conditions by which a notice is
considered as valid and delivered.  Authorizes certain conditions regarding
the mailing of a notice and a notice to be posted on the owner's property.