76R8632 SMJ-D
By Smith H.B. No. 1110
Substitute the following for H.B. No. 1110:
By Ehrhardt C.S.H.B. No. 1110
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements for notice of violations of certain
1-3 municipal ordinances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 342.006(a) and (b), Health and Safety
1-6 Code, are amended to read as follows:
1-7 (a) If the owner of property in the municipality does not
1-8 comply with a municipal ordinance or requirement under this chapter
1-9 within seven [10] days of notice of a violation, the municipality
1-10 may:
1-11 (1) do the work or make the improvements required; and
1-12 (2) pay for the work done or improvements made and
1-13 charge the expenses to the owner of the property.
1-14 (b) The notice must be given:
1-15 (1) personally to the owner in writing;
1-16 (2) by letter addressed to the owner at the owner's
1-17 post office address; or
1-18 (3) if personal service cannot be obtained or the
1-19 owner's post office address is unknown:
1-20 (A) by publication at least once [twice within
1-21 10 consecutive days];
1-22 (B) by posting the notice on or near the front
1-23 door of each building on the property to which the violation
1-24 relates; or
2-1 (C) by posting the notice on a placard attached
2-2 to a stake driven into the ground on the property to which the
2-3 violation relates, if the property contains no buildings.
2-4 SECTION 2. (a) This Act takes effect September 1, 1999.
2-5 (b) The change in law made by this Act applies only to a
2-6 notice of a violation of a municipal ordinance or requirement under
2-7 Section 342.006, Health and Safety Code, that is given on or after
2-8 the effective date of this Act. A notice that is given before the
2-9 effective date of this Act is governed by the law in effect
2-10 immediately before the effective date, and that law is continued in
2-11 effect for the purpose of enforcing the ordinance or requirement.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.