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


Office of House Bill AnalysisH.B. 2270
By: Bailey
Judicial Affairs
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

In August 1999, the Fifth Circuit Court of Appeals, in Freeman v. City of
Dallas affirmed a federal trial courts 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. Such litigation has
delayed the process of demolishing dangerous buildings and created a
backlog of dangerous 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.  House
Bill 2270 authorizes the governing body of a municipality  with a
population of 1.6 million or more to provide that the municipal court of
record has civil jurisdiction for the purpose of enforcing dangerous
structure and junked vehicle 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

House Bill 2270 amends the Government Code to authorize the governing body
of a municipality with a population of 1.6 million or more 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 requires the court to have concurrent jurisdiction
with the district court within the boundaries of the jurisdiction for the
purpose of enforcing health and safety and nuisance abatement ordinances.
The bill also requires the court to have authority to issue search warrants
for the purpose of investigating a 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.