SRC-JXG S.B. 1268 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1268
76R6735 SMJ-FBy: Ellis
Intergovernmental Relations
4/12/1999
As Filed


DIGEST 

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. Some property owners do not accept their certified mail
from counties, to avoid lawfully receiving notices; the mail is returned as
refused or unclaimed. S.B. 1268 would authorize a municipality to send a
notice of a nuisance violation to the address listed in the property
owner's appraisal district record, and would provide that notices with
addresses returned to a municipality by the U.S. Postal Service marked
refused or unclaimed are considered as delivered.  

PURPOSE

As proposed, S.B. 1268 authorizes a municipality to send a notice of a
nuisance violation to the address provided in the appraisal district
record. 

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, by amending
Subsection (b), adding a new Subsection (c), and redesignating existing
Subsection (c) as Subsection (d), to require the notice to be given by a
letter addressed to the owner at the owner's address as recorded in the
appraisal district records of the appraisal district in which the property
is located. Provides that the validity of the notice is not affected, and
the notice is considered as delivered, if a municipality mails a notice to
a property owner in accordance with Subsection (b), and the United States
Postal Service returns the notice as "refused" or "unclaimed." Deletes text
regarding the owner's post office address. Makes conforming changes. 

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

SECTION 3. Emergency clause.