76R12431 SMJ-D                           
         By Giddings                                           H.B. No. 1891
         Substitute the following for H.B. No. 1891:
         By Edwards                                        C.S.H.B. No. 1891
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enforcement of certain health and safety statutes
 1-3     and ordinances by municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 342.006, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 342.006.  WORK OR IMPROVEMENTS BY MUNICIPALITY; NOTICE.
 1-8     (a)  If the owner of property in the municipality does not comply
 1-9     with a municipal ordinance or requirement under this chapter within
1-10     seven [10] days of notice of a violation, the municipality 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 twice within 10
1-21     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           (c)  In [The municipality in] the notice of a violation that
 2-5     is personally delivered or sent [may inform the owner] by certified
 2-6     mail, return receipt requested, a municipality may inform the owner
 2-7     that if the owner commits another violation of the same kind or
 2-8     nature that poses a danger to the public health and safety on or
 2-9     before the first anniversary of the date of the notice, the
2-10     municipality without further notice may correct the violation at
2-11     the owner's expense and assess the expense against the property.
2-12     If a violation covered by a notice under this subsection occurs
2-13     within the one-year period, and the municipality has not been
2-14     informed in writing by the owner of an ownership change, then the
2-15     municipality without notice may take any action permitted by
2-16     Subsections (a)(1) and (2) and assess its expenses as provided by
2-17     Section 342.007.
2-18           SECTION 2.  Subchapter A, Chapter 54, Local Government Code,
2-19     is amended by adding Section 54.0045 to read as follows:
2-20           Sec.  54.0045.  NOTICE FOR VIOLATIONS OF CERTAIN HEALTH AND
2-21     SAFETY ORDINANCES.  (a)  In enforcing an ordinance that requires a
2-22     municipality to give notice to a property owner, lienholder, or
2-23     mortgagee, a municipality must exercise due diligence to determine
2-24     the identity and address of the owner, lienholder, or mortgagee.
2-25           (b)  A municipality exercises due diligence in determining
2-26     the identity and address of an owner, lienholder, or mortgagee when
2-27     it searches the following records:
 3-1                 (1)  county real property records of the county in
 3-2     which the property is located;
 3-3                 (2)  appraisal district records of the appraisal
 3-4     district in which the property is located;
 3-5                 (3)  records of the secretary of state;
 3-6                 (4)  assumed name records of the county in which the
 3-7     property is located;
 3-8                 (5)  tax records of the municipality; and
 3-9                 (6)  utility records of the municipality.
3-10           (c)  When a municipality mails a notice in accordance with
3-11     applicable law to a property owner, lienholder, or mortgagee of a
3-12     violation of an ordinance described by Section 54.032 or of a
3-13     related hearing or order, and the United States Postal Service
3-14     returns the notice as "refused" or "unclaimed," the validity of the
3-15     notice is not affected, and the notice is considered as delivered.
3-16           SECTION 3.  Sections 54.035(a) and (b), Local Government
3-17     Code, are amended to read as follows:
3-18           (a)  Notice of all proceedings before the commission panels
3-19     must be given:
3-20                 (1)  by personal delivery or by certified mail, return
3-21     receipt requested, to the record owners of the affected property,
3-22     and each holder of a recorded lien against the affected property,
3-23     as shown by the records in the office of the county clerk of the
3-24     county in which the affected property is located if the address of
3-25     the lienholder can be ascertained from the deed of trust
3-26     establishing the lien and/or other applicable instruments on file
3-27     in the office of the county clerk; and
 4-1                 (2)  to all unknown owners, by posting a copy of the
 4-2     notice on the front door of each improvement situated on the
 4-3     affected property or as close to the front door as practicable.
 4-4           (b)  A notice under Subsection (a) must state the date, time,
 4-5     and place of the proceeding before the commission panel.  A notice
 4-6     that is personally delivered must be delivered on or before the
 4-7     fifth day before the date of the proceeding.  A [The] notice that
 4-8     is mailed or posted must [shall] be mailed or [and] posted on or
 4-9     before the 10th day before the date of the proceeding [hearing
4-10     before the commission panel and must state the date, time, and
4-11     place of the hearing].  In addition, the notice must be published
4-12     in a newspaper of general circulation in the municipality on one
4-13     occasion on or before the 10th day before the date fixed for the
4-14     proceeding [hearing].
4-15           SECTION 4.  Section 54.039(a), Local Government Code, is
4-16     amended to read as follows:
4-17           (a)  Any owner, lienholder, or mortgagee of record jointly or
4-18     severally aggrieved by any decision of a commission panel may
4-19     present a petition to a district court, duly verified, setting
4-20     forth that the decision is illegal, in whole or in part, and
4-21     specifying the grounds of the illegality.  The petition must be
4-22     presented to the court within 30 calendar days after the date a
4-23     copy of the final decision of the commission panel is personally
4-24     delivered or mailed by first class mail, certified return receipt
4-25     requested, to all persons to whom notice is required to be sent
4-26     under Section 54.035.  The commission panel shall mail that copy
4-27     promptly after the decision becomes final.  In addition, an
 5-1     abbreviated copy of the order shall be published one time in a
 5-2     newspaper of general circulation in the municipality within 10
 5-3     calendar days after the date of the mailing of the copy as provided
 5-4     by this subsection, including the street address or legal
 5-5     description of the property;  the date of the hearing, a brief
 5-6     statement indicating the results of the order, and instructions
 5-7     stating where a complete copy of the order may be obtained, and a
 5-8     copy shall be filed in the office of the municipal secretary or
 5-9     clerk.
5-10           SECTION 5.  Subchapter B, Chapter 54, Local Government Code,
5-11     is amended by adding Section 54.020 to read as follows:
5-12           Sec. 54.020.  ALTERNATIVE ENFORCEMENT PROCEDURES.  (a)  A
5-13     municipality by ordinance may adopt a procedure for an
5-14     administrative adjudication hearing under which an administrative
5-15     penalty may be imposed for the enforcement of an ordinance
5-16     described by Section 54.012.
5-17           (b)  A procedure adopted under this section must entitle the
5-18     person charged with violating an ordinance to a hearing and must
5-19     provide for:
5-20                 (1)  the period during which a hearing shall be held;
5-21                 (2)  the appointment of a hearing officer with
5-22     authority to administer oaths and issue orders compelling the
5-23     attendance of witnesses and the production of documents; and
5-24                 (3)  the amount and disposition of administrative
5-25     penalties, costs, and fees.
5-26           (c)  A municipal court may enforce an order of a hearing
5-27     officer compelling the attendance of a witness or the production of
 6-1     a document.
 6-2           (d)  A citation or summons issued as part of a procedure
 6-3     adopted under this section must:
 6-4                 (1)  notify the person charged with violating the
 6-5     ordinance that the person has the right to a hearing; and
 6-6                 (2)  provide information as to the date, time, and
 6-7     place of the hearing.
 6-8           (e)  The original or a copy of the summons or citation shall
 6-9     be kept as a record in the ordinary course of business of the
6-10     municipality and is rebuttable proof of the facts it states.
6-11           (f)  The person who issued the citation or summons is not
6-12     required to attend a hearing under this section.
6-13           (g)  A person charged with violating an ordinance who fails
6-14     to appear at a hearing authorized under this section is considered
6-15     to admit liability for the violation charged.
6-16           (h)  At a hearing under this section, the hearing officer
6-17     shall issue an order stating:
6-18                 (1)  whether the person charged with violating an
6-19     ordinance is liable for the violation;
6-20                 (2)  the amount of a penalty, cost, or fee assessed
6-21     against the person and the deadline for payment; and
6-22                 (3)  if applicable, the date by which the person must
6-23     comply with the ordinance.
6-24           (i)  An order issued under this section may be filed with the
6-25     clerk or secretary of the municipality.  The clerk or secretary
6-26     shall keep the order in a separate index and file.  The order may
6-27     be recorded using microfilm, microfiche, or data processing
 7-1     techniques.
 7-2           (j)  An order issued under this section against a person
 7-3     charged with an ordinance violation may be enforced by:
 7-4                 (1)  filing a civil suit for the collection of a
 7-5     penalty assessed against the person; and
 7-6                 (2)  obtaining an injunction that:
 7-7                       (A)  prohibits specific conduct that violates the
 7-8     ordinance; or
 7-9                       (B)  requires specific conduct necessary for
7-10     compliance with the ordinance.
7-11           (k)  A person who is found by a hearing officer to have
7-12     violated an ordinance may appeal the determination by filing a
7-13     petition in municipal court before the 31st day after the date the
7-14     hearing officer's determination is filed.  An appeal does not stay
7-15     enforcement and collection of the judgment unless the person,
7-16     before filing the appeal, posts a bond with an agency designated
7-17     for that purpose by the municipality.
7-18           SECTION 6.  Sections 214.001(d), (g), and (p), Local
7-19     Government Code, are amended to read as follows:
7-20           (d)  After the public hearing, if a building is found in
7-21     violation of standards set out in the ordinance, the municipality
7-22     may order that the building be vacated, secured, repaired, removed,
7-23     or demolished by the owner within a reasonable time as provided by
7-24     this section.  The municipality also may order that the occupants
7-25     be relocated within a reasonable time.  If the owner does not take
7-26     the ordered action within the allotted time, the municipality shall
7-27     make a diligent effort to discover each mortgagee and lienholder
 8-1     having an interest in the building or in the property on which the
 8-2     building is located.  The municipality shall personally deliver or
 8-3     send by certified mail, return receipt requested, to each
 8-4     identified mortgagee and lienholder a notice containing:
 8-5                 (1)  an identification, which is not required to be a
 8-6     legal description, of the building and the property on which it is
 8-7     located;
 8-8                 (2)  a description of the violation of municipal
 8-9     standards that is present at the building; and
8-10                 (3)  a statement that the municipality will vacate,
8-11     secure, remove, or demolish the building or relocate the occupants
8-12     of the building if the ordered action is not taken within a
8-13     reasonable time.
8-14           (g)  After the hearing, the municipality shall promptly mail
8-15     by certified mail, return receipt requested, or personally
8-16     deliver a copy of the order to the owner of the building and to any
8-17     lienholder or mortgagee of the building.  The municipality shall
8-18     use its best efforts to determine the identity and address of any
8-19     owner, lienholder, or mortgagee of the building. If a notice is
8-20     mailed according to this subsection and the United States Postal
8-21     Service returns the notice as "refused" or "unclaimed," the
8-22     validity of the notice is not affected, and the notice shall be
8-23     deemed as delivered.
8-24           (p)  A hearing under this section may be held by a civil
8-25     municipal court, an administrative hearing officer, or a panel of
8-26     not more than 12 members appointed by the governing body of the
8-27     municipality.
 9-1           SECTION 7.  Section 214.0012(a), Local Government Code, is
 9-2     amended to read as follows:
 9-3           (a)  Any owner, lienholder, or mortgagee of record of
 9-4     property jointly or severally aggrieved by an order of a
 9-5     municipality issued under Section 214.001 may file in district
 9-6     court a verified petition setting forth that the decision is
 9-7     illegal, in whole or in part, and specifying the grounds of the
 9-8     illegality.  The petition must be filed by an owner, lienholder, or
 9-9     mortgagee within 30 calendar days after the respective dates a copy
9-10     of the final decision of the municipality is personally delivered
9-11     or mailed to them by first class mail, certified return receipt
9-12     requested, or such decision shall become final as to each of them
9-13     upon the expiration of each such 30 calendar day period.
9-14           SECTION 8.  Section 683.071, Transportation Code, is amended
9-15     to read as follows:
9-16           Sec. 683.071.  DEFINITION.  In this subchapter, "junked
9-17     vehicle" means a vehicle that is self-propelled and inoperable and:
9-18                 (1)  does not have lawfully attached to it:
9-19                       (A)  an unexpired license plate; or
9-20                       (B)  a valid motor vehicle inspection
9-21     certificate;
9-22                 (2)  is wrecked, dismantled or partially dismantled, or
9-23     discarded; or
9-24                 (3)  has remained inoperable for more than 21 [45]
9-25     consecutive days.
9-26           SECTION 9.  Section 683.075, Transportation Code, is amended
9-27     to read as follows:
 10-1          Sec. 683.075.  NOTICE.  (a)  The procedures for the abatement
 10-2    and removal of a public nuisance under this subchapter must provide
 10-3    not less than seven [10] days' notice of the nature of the
 10-4    nuisance.  The notice [and] must be personally delivered or sent by
 10-5    certified mail with a five-day return requested to:
 10-6                (1)  the last known registered owner of the nuisance;
 10-7                (2)  each lienholder of record of the nuisance; and
 10-8                (3)  the owner or occupant of:
 10-9                      (A)  the property on which the nuisance is
10-10    located; or
10-11                      (B)  if the nuisance is located on a public
10-12    right-of-way, the property adjacent to the right-of-way.
10-13          (b)  The notice must state that:
10-14                (1)  the nuisance must be abated and removed not later
10-15    than the seventh [10th] day after the date on which the notice was
10-16    personally delivered or mailed; and
10-17                (2)  any request for a hearing must be made before that
10-18    seven-day [10-day] period expires.
10-19          (c)  If the post office address of the last known registered
10-20    owner of the nuisance is unknown or if the owner cannot be located,
10-21    notice may be placed on the nuisance [or, if the owner is located,
10-22    hand delivered].
10-23          (d)  If notice is returned undelivered, action to abate the
10-24    nuisance shall be continued to a date not earlier than the eighth
10-25    [11th] day after the date of the return.
10-26          SECTION 10.  (a)  The changes in law made by this Act
10-27    relating to a notice of a violation of a municipal ordinance or
 11-1    statute apply only to a notice that is given on or after the
 11-2    effective date of this Act.  A notice that is given before the
 11-3    effective date of this Act is governed by the law in effect
 11-4    immediately before the effective date, and that law is continued in
 11-5    effect for that purpose.
 11-6          (b)  The change in law made by this Act by the amendment of
 11-7    Section 683.071, Transportation Code, relating to the time period
 11-8    for determining whether an inoperable vehicle is a junked vehicle,
 11-9    applies only to a vehicle identified by a municipality on or after
11-10    the effective date of this Act.  An inoperable vehicle identified
11-11    by a municipality before the effective date of this Act is subject
11-12    to the time period in effect before the effective date, and that
11-13    law is continued in effect for that purpose.
11-14          SECTION 11.  This Act takes effect September 1, 1999.
11-15          SECTION 12.  The importance of this legislation and the
11-16    crowded condition of the calendars in both houses create an
11-17    emergency and an imperative public necessity that the
11-18    constitutional rule requiring bills to be read on three several
11-19    days in each house be suspended, and this rule is hereby suspended.