HBA-NLM S.B. 1268 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1268 By: Ellis Urban Affairs 5/11/1999 Engrossed BACKGROUND AND PURPOSE Currently, a municipality does not have specific authority to send a notice of nuisance to a property owner's address, which is supplied by the appraisal district. Further, some property owners do not accept certified mail, causing the mail to be returned as refused or unclaimed. S.B. 1268 authorizes a municipality to send a notice of a nuisance violation to the address listed in the property owner's appraisal district record, and provides that notices returned to a municipality by the U.S. Postal Service marked refused or unclaimed are considered delivered. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 342.006, Health and Safety Code, by amending Subsection (b) and adding a new Subsection (c), as follows: (b) Provides that the nuisance notice required by this section must be given by letter addressed to the owner at the owner's address, rather than the owner's post office address, as recorded in the appraisal district records of the appraisal district in which the property is located. (c) Provides that, if a municipality mails a notice to property owner in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.