By Uresti                                             H.B. No. 3605
         76R7081 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the municipal regulation of graffiti.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 217, Local Government Code, is amended by
 1-5     adding Subchapter D to read as follows:
 1-6                    SUBCHAPTER D. REGULATION OF GRAFFITI
 1-7           Sec. 217.061.  DEFINITION.  In this subchapter, "graffiti"
 1-8     means a marking, including an inscription, slogan, drawing, or
 1-9     painting, made with aerosol or other paint, ink, or other similar
1-10     material on the real property, structures on the real property, or
1-11     other improvements or objects on the real property of the owner
1-12     without the effective consent of the owner of the real property.
1-13           Sec. 217.062.  GRAFFITI AS NUISANCE; ABATEMENT.  The
1-14     governing body of a municipality may:
1-15                 (1)  declare graffiti to be a nuisance;
1-16                 (2)  abate graffiti following the procedural
1-17     requirements provided for the abatement of other nuisances; and
1-18                 (3)  assess an expense incurred in the abatement of
1-19     graffiti against the owner of the real property on which the
1-20     graffiti is located.
1-21           Sec. 217.063.  LIEN FOR COST OF ABATEMENT.  (a)  A
1-22     municipality may impose a lien for an expense incurred under
1-23     Section 217.062(2) on the real property on which graffiti is
1-24     located, unless the property is protected under Section 50, Article
 2-1     XVI, Texas Constitution.
 2-2           (b)  The lien is created when the governing body of the
 2-3     municipality files notice of the lien, including a statement of
 2-4     expenses, with the county clerk of the county in which the
 2-5     municipality is located.  The lien must state the name of the
 2-6     owner, if known, and provide a legal description of the real
 2-7     property.
 2-8           (c)  The lien is security for the expenses incurred and for
 2-9     interest accruing at a rate of 10 percent on the amount due from
2-10     the date of payment by the municipality.
2-11           (d)  A lien imposed under this section is inferior only to:
2-12                 (1)  tax liens; and
2-13                 (2)  liens for street improvements.
2-14           (e)  The governing body of the municipality imposing the lien
2-15     may bring a suit for foreclosure in the name of the municipality to
2-16     recover the expenses and interest due.
2-17           (f)  The statement of expenses or a certified copy of the
2-18     statement is prima facie proof of the expenses the municipality
2-19     incurred in abating the graffiti.
2-20           SECTION 2.  The change in law made by this Act applies only
2-21     to an abatement of graffiti under Subchapter D, Chapter 217, Local
2-22     Government Code, as added by this Act, that begins on or after the
2-23     effective date of this Act.
2-24           SECTION 3.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended,
 3-2     and that this Act take effect and be in force from and after its
 3-3     passage, and it is so enacted.