HBA-CBW C.S.H.B. 2270 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2270
By: Bailey
Judicial Affairs
4/19/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

In August 1999, the Fifth Circuit Court of Appeals, in Freeman v. City of
Dallas affirmed a federal trial court's decision that a judicial seizure
warrant based on probable cause is required by the Fourth Amendment to the
United States Constitution before an order of demolition issued by the
Urban Rehabilitation Standards Board of the City of Dallas may be executed.
The plaintiff was awarded damages because of the unlawful seizure. Based on
this ruling, Houston curtailed its demolition of  dangerous structures and
removal of  junked vehicles without a seizure warrant. Litigation has
delayed the process of demolishing dangerous buildings and has created a
backlog of such  buildings that constitute a public safety hazard.  In
February 2001, the Fifth Circuit Court of Appeals revisited the case and
reversed its decision and held in favor of the City of Dallas.  The City of
Houston may be subject to damage claims if the case is appealed to the
United States Supreme Court and reversed in favor of the plaintiff.
C.S.H.B. 2270 authorizes the governing body of a municipality  by ordinance
to provide that the municipal court of record has civil jurisdiction for
the purpose of enforcing dangerous structure and junked vehicle ordinances
and has concurrent jurisdiction with a court or a county court at law for
the purpose of enforcing health and safety or nuisance abatement
ordinances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2270 amends the Government Code to authorize the governing body of
a municipality by ordinance to provide that the municipal court of record
(court) has civil jurisdiction for the purpose of enforcing dangerous
structure and junked vehicle ordinances.  The bill provides that  the court
has concurrent jurisdiction with a district court or a county court at law
under provisions regarding municipal health and safety ordinances within
the municipality's territorial limits and property owned by the
municipality located in the municipality's extraterritorial jurisdiction
for the purpose of enforcing health and safety and nuisance abatement
ordinances. The bill  authorizes  the court to issue search warrants for
the purpose of investigating a health and safety or nuisance abatement
ordinance violation and seizure warrants for the purpose of securing,
removing, or demolishing the offending property and removing the debris
from the premises. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2270 differs from the original bill by providing that the
municipal court of record also has concurrent jurisdiction with a county
court at law.  The substitute removes the population limitation for a
municipality for the purpose of making these provisions applicable to all
municipalities.  The substitute modifies the original bill to conform to
Texas Legislative Council style and format.