By Giddings                                           H.B. No. 1891
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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;
 2-1                       (B)  by posting the notice on or near the front
 2-2     door of each building on the property to which the violation
 2-3     relates; or
 2-4                       (C)  by posting the notice on a placard attached
 2-5     to a stake driven into the ground on the property to which the
 2-6     violation relates[, if the property contains no buildings].
 2-7           (c)  In [The municipality in] the notice of a violation that
 2-8     is personally delivered or sent [may inform the owner] by certified
 2-9     mail, return receipt requested, a municipality may inform the owner
2-10     that if the owner commits another violation of the same kind or
2-11     nature that poses a danger to the public health and safety on or
2-12     before the first anniversary of the date of the notice, the
2-13     municipality without further notice may correct the violation at
2-14     the owner's expense and assess the expense against the property.
2-15     If a violation covered by a notice under this subsection occurs
2-16     within the one-year period, and the municipality has not been
2-17     informed in writing by the owner of an ownership change, then the
2-18     municipality without notice may take any action permitted by
2-19     Subsections (a)(1) and (2) and assess its expenses as provided by
2-20     Section 342.007.
2-21           SECTION 2.  Subchapter A, Chapter 54, Local Government Code,
2-22     is amended by adding Section 54.0045 to read as follows:
2-23           Sec.  54.0045.  NOTICE FOR VIOLATIONS OF CERTAIN HEALTH AND
2-24     SAFETY ORDINANCES.  (a)  In enforcing an ordinance that requires a
2-25     municipality to give notice to a property owner, lienholder, or
 3-1     mortgagee, a municipality must exercise due diligence to determine
 3-2     the identity and address of the owner, lienholder, or mortgagee.
 3-3           (b)  A municipality exercises due diligence in determining
 3-4     the identity and address of an owner, lienholder, or mortgagee when
 3-5     it searches the following records:
 3-6                 (1)  county real property records of the county in
 3-7     which the property is located;
 3-8                 (2)  appraisal district records of the appraisal
 3-9     district in which the property is located;
3-10                 (3)  records of the secretary of state;
3-11                 (4)  assumed name records of the county in which the
3-12     property is located;
3-13                 (5)  tax records of the municipality; and
3-14                 (6)  utility records of the municipality.
3-15           (c)  When a municipality mails a notice in accordance with
3-16     applicable law to a property owner, lienholder, or mortgagee of a
3-17     violation of an ordinance described by Section 54.032 or of a
3-18     related hearing or order, and the United States Postal Service
3-19     returns the notice as "refused" or "unclaimed," the validity of the
3-20     notice is not affected, and the notice is considered as delivered.
3-21           SECTION 3.  Sections 54.035(a) and (b), Local Government
3-22     Code, are amended to read as follows:
3-23           (a)  Notice of all proceedings before the commission panels
3-24     must be given:
3-25                 (1)  by personal delivery or by certified mail, return
 4-1     receipt requested, to the record owners of the affected property,
 4-2     and each holder of a recorded lien against the affected property,
 4-3     as shown by the records in the office of the county clerk of the
 4-4     county in which the affected property is located if the address of
 4-5     the lienholder can be ascertained from the deed of trust
 4-6     establishing the lien and/or other applicable instruments on file
 4-7     in the office of the county clerk; and
 4-8                 (2)  to all unknown owners, by posting a copy of the
 4-9     notice on the front door of each improvement situated on the
4-10     affected property or as close to the front door as practicable.
4-11           (b)  The notice shall be personally delivered or mailed and
4-12     posted on or before the 10th day before the date of the hearing
4-13     before the commission panel and must state the date, time, and
4-14     place of the hearing.  In addition, the notice must be published in
4-15     a newspaper of general circulation in the municipality on one
4-16     occasion on or before the 10th day before the date fixed for the
4-17     hearing.
4-18           SECTION 4.  Section 54.039(a), Local Government Code, is
4-19     amended to read as follows:
4-20           (a)  Any owner, lienholder, or mortgagee of record jointly or
4-21     severally aggrieved by any decision of a commission panel may
4-22     present a petition to a district court, duly verified, setting
4-23     forth that the decision is illegal, in whole or in part, and
4-24     specifying the grounds of the illegality.  The petition must be
4-25     presented to the court within 30 calendar days after the date a
 5-1     copy of the final decision of the commission panel is personally
 5-2     delivered or mailed by first class mail, certified return receipt
 5-3     requested, to all persons to whom notice is required to be sent
 5-4     under Section 54.035.  The commission panel shall mail that copy
 5-5     promptly after the decision becomes final.  In addition, an
 5-6     abbreviated copy of the order shall be published one time in a
 5-7     newspaper of general circulation in the municipality within 10
 5-8     calendar days after the date of the mailing of the copy as provided
 5-9     by this subsection, including the street address or legal
5-10     description of the property;  the date of the hearing, a brief
5-11     statement indicating the results of the order, and instructions
5-12     stating where a complete copy of the order may be obtained, and a
5-13     copy shall be filed in the office of the municipal secretary or
5-14     clerk.
5-15           SECTION 5.  Subchapter C, Chapter 54, Local Government Code,
5-16     is amended by adding Section 54.044 to read as follows:
5-17           Sec. 54.044.  ALTERNATIVE HEARING PROCEDURES.  (a)  As an
5-18     alternative to the enforcement processes described by this
5-19     subchapter, a municipality by ordinance may adopt a procedure for
5-20     an administrative adjudication hearing under which an
5-21     administrative penalty may be imposed for the enforcement of an
5-22     ordinance described by Section 54.032.
5-23           (b)  A procedure adopted under this section must entitle the
5-24     person charged with violating an ordinance to a hearing and must
5-25     provide for:
 6-1                 (1)  the period during which a hearing shall be held;
 6-2                 (2)  the appointment of a hearing officer with
 6-3     authority to administer oaths and issue orders compelling the
 6-4     attendance of witnesses and the production of documents; and
 6-5                 (3)  the amount and disposition of administrative
 6-6     penalties, costs, and fees.
 6-7           (c)  A municipal court may enforce an order of a hearing
 6-8     officer compelling the attendance of a witness or the production of
 6-9     a document.
6-10           (d)  A citation or summons issued as part of a procedure
6-11     adopted under this section must:
6-12                 (1)  notify the person charged with violating the
6-13     ordinance that the person has the right to a hearing; and
6-14                 (2)  provide information as to the time and place of
6-15     the hearing.
6-16           (e)  The original or a copy of the summons or citation shall
6-17     be kept as a record in the ordinary course of business of the
6-18     municipality and is rebuttable proof of the facts it states.
6-19           (f)  The person who issued the citation or summons is not
6-20     required to attend a hearing under this section.
6-21           (g)  A person charged with violating an ordinance who fails
6-22     to appear at a hearing authorized under this section is considered
6-23     to admit liability for the violation charged.
6-24           (h)  At a hearing under this section, the hearing officer
6-25     shall issue an order stating:
 7-1                 (1)  whether the person charged with violating an
 7-2     ordinance is liable for the violation; and
 7-3                 (2)  the amount of a penalty, cost, or fee assessed
 7-4     against the person.
 7-5           (i)  An order issued under this section may be filed with the
 7-6     clerk or secretary of the municipality.  The clerk or secretary
 7-7     shall keep the order in a separate index and file.  The order may
 7-8     be recorded using microfilm, microfiche, or data processing
 7-9     techniques.
7-10           (j)  An order issued under this section against a person
7-11     charged with an ordinance violation may be enforced by:
7-12                 (1)  filing a civil suit for the collection of a
7-13     penalty assessed against the person; and
7-14                 (2)  obtaining an injunction that:
7-15                       (A)  prohibits specific conduct that violates the
7-16     ordinance; or
7-17                       (B)  requires specific conduct necessary for
7-18     compliance with the ordinance.
7-19           (k)  A person who is found by a hearing officer to have
7-20     violated an ordinance may appeal the determination by filing a
7-21     petition in municipal court before the 31st day after the date the
7-22     hearing officer's determination is filed.  An appeal does not stay
7-23     enforcement and collection of the judgment unless the person,
7-24     before filing the appeal, posts a bond with an agency designated
7-25     for that purpose by the municipality.
 8-1           SECTION 6.  Sections 214.001(d), (g), and (p), Local
 8-2     Government Code, are amended to read as follows:
 8-3           (d)  After the public hearing, if a building is found in
 8-4     violation of standards set out in the ordinance, the municipality
 8-5     may order that the building be vacated, secured, repaired, removed,
 8-6     or demolished by the owner within a reasonable time as provided by
 8-7     this section.  The municipality also may order that the occupants
 8-8     be relocated within a reasonable time.  If the owner does not take
 8-9     the ordered action within the allotted time, the municipality shall
8-10     make a diligent effort to discover each mortgagee and lienholder
8-11     having an interest in the building or in the property on which the
8-12     building is located.  The municipality shall personally deliver or
8-13     send by certified mail, return receipt requested, to each
8-14     identified mortgagee and lienholder a notice containing:
8-15                 (1)  an identification, which is not required to be a
8-16     legal description, of the building and the property on which it is
8-17     located;
8-18                 (2)  a description of the violation of municipal
8-19     standards that is present at the building; and
8-20                 (3)  a statement that the municipality will vacate,
8-21     secure, remove, or demolish the building or relocate the occupants
8-22     of the building if the ordered action is not taken within a
8-23     reasonable time.
8-24           (g)  After the hearing, the municipality shall promptly mail
8-25     by certified mail, return receipt requested, or personally
 9-1     deliver a copy of the order to the owner of the building and to any
 9-2     lienholder or mortgagee of the building.  The municipality shall
 9-3     use its best efforts to determine the identity and address of any
 9-4     owner, lienholder, or mortgagee of the building. If a notice is
 9-5     mailed according to this subsection and the United States Postal
 9-6     Service returns the notice as "refused" or "unclaimed," the
 9-7     validity of the notice is not affected, and the notice shall be
 9-8     deemed as delivered.
 9-9           (p)  A hearing under this section may be held by a civil
9-10     municipal court, an administrative hearing officer, or a panel of
9-11     not more than 12 members appointed by the governing body of the
9-12     municipality.
9-13           SECTION 7.  Section 214.0012(a), Local Government Code, is
9-14     amended to read as follows:
9-15           (a)  Any owner, lienholder, or mortgagee of record of
9-16     property jointly or severally aggrieved by an order of a
9-17     municipality issued under Section 214.001 may file in district
9-18     court a verified petition setting forth that the decision is
9-19     illegal, in whole or in part, and specifying the grounds of the
9-20     illegality.  The petition must be filed by an owner, lienholder, or
9-21     mortgagee within 30 calendar days after the respective dates a copy
9-22     of the final decision of the municipality is personally delivered
9-23     or mailed to them by first class mail, certified return receipt
9-24     requested, or such decision shall become final as to each of them
9-25     upon the expiration of each such 30 calendar day period.
 10-1          SECTION 8.  Section 683.071, Transportation Code, is amended
 10-2    to read as follows:
 10-3          Sec. 683.071.  DEFINITION.  In this subchapter, "junked
 10-4    vehicle" means a vehicle that is self-propelled and inoperable and:
 10-5                (1)  does not have lawfully attached to it:
 10-6                      (A)  an unexpired license plate; or
 10-7                      (B)  a valid motor vehicle inspection
 10-8    certificate;
 10-9                (2)  is wrecked, dismantled or partially dismantled, or
10-10    discarded; or
10-11                (3)  has remained inoperable for more than 21 [45]
10-12    consecutive days.
10-13          SECTION 9.  Section 683.075, Transportation Code, is amended
10-14    to read as follows:
10-15          Sec. 683.075.  NOTICE.  (a)  The procedures for the abatement
10-16    and removal of a public nuisance under this subchapter must provide
10-17    not less than seven [10] days' notice of the nature of the
10-18    nuisance.  The notice [and] must be personally delivered or sent by
10-19    certified mail with a five-day return requested to:
10-20                (1)  the last known registered owner of the nuisance;
10-21                (2)  each lienholder of record of the nuisance; and
10-22                (3)  the owner or occupant of:
10-23                      (A)  the property on which the nuisance is
10-24    located; or
10-25                      (B)  if the nuisance is located on a public
 11-1    right-of-way, the property adjacent to the right-of-way.
 11-2          (b)  The notice must state that:
 11-3                (1)  the nuisance must be abated and removed not later
 11-4    than the seventh [10th] day after the date on which the notice was
 11-5    personally delivered or mailed; and
 11-6                (2)  any request for a hearing must be made before that
 11-7    seven-day [10-day] period expires.
 11-8          (c)  If the post office address of the last known registered
 11-9    owner of the nuisance is unknown or if the owner cannot be located,
11-10    notice may be placed on the nuisance [or, if the owner is located,
11-11    hand delivered].
11-12          (d)  If notice is returned undelivered, action to abate the
11-13    nuisance shall be continued to a date not earlier than the eighth
11-14    [11th] day after the date of the return.
11-15          SECTION 10.  (a)  The changes in law made by this Act
11-16    relating to a notice of a violation of a municipal ordinance or
11-17    statute apply only to a notice that is given on or after the
11-18    effective date of this Act.  A notice that is given before the
11-19    effective date of this Act is governed by the law in effect
11-20    immediately before the effective date, and that law is continued in
11-21    effect for that purpose.
11-22          (b)  The change in law made by this Act by the amendment of
11-23    Section 683.071, Transportation Code, relating to the time period
11-24    for determining whether an inoperable vehicle is a junked vehicle,
11-25    applies only to a vehicle identified by a municipality on or after
 12-1    the effective date of this Act.  An inoperable vehicle identified
 12-2    by a municipality before the effective date of this Act is subject
 12-3    to the time period in effect before the effective date, and that
 12-4    law is continued in effect for that purpose.
 12-5          SECTION 11.  This Act takes effect September 1, 1999.
 12-6          SECTION 12.  The importance of this legislation and the
 12-7    crowded condition of the calendars in both houses create an
 12-8    emergency and an imperative public necessity that the
 12-9    constitutional rule requiring bills to be read on three several
12-10    days in each house be suspended, and this rule is hereby suspended.