By Giddings, Chisum, Lewis of Tarrant                 H.B. No. 1833
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to local enforcement of certain health and safety statutes
 1-3     and ordinances.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 552.115(a), Government Code, is amended to
 1-6     read as follows:
 1-7           (a)  A birth or death record maintained by the bureau of
 1-8     vital statistics of the Texas Department of Health or a local
 1-9     registration official is excepted from the requirements of Section
1-10     552.021, except that:
1-11                 (1)  a birth record is public information and available
1-12     to the public on and after the 50th anniversary of the date of
1-13     birth as shown on the record filed with the bureau of vital
1-14     statistics or local registration official;
1-15                 (2)  a death record is public information and available
1-16     to the public on and after the 25th anniversary of the date of
1-17     death as shown on the record filed with the bureau of vital
1-18     statistics or local registration official;
1-19                 (3)  a general birth index or a general death index
1-20     established or maintained by the bureau of vital statistics or a
1-21     local registration official is public information and available to
1-22     the public to the extent the index relates to a birth record or
1-23     death record that is public information and available to the public
1-24     under Subdivision (1) or (2); [and]
 2-1                 (4)  a summary birth index or a summary death index
 2-2     prepared or maintained by the bureau of vital statistics or a local
 2-3     registration official is public information and available to the
 2-4     public; and
 2-5                 (5)  a birth or death record is available to the chief
 2-6     executive officer of a home-rule municipality or the officer's
 2-7     designee if:
 2-8                       (A)  the record is used only to identify a
 2-9     property owner or other person to whom the municipality is required
2-10     to give notice when enforcing a state statute or an ordinance;
2-11                       (B)  the municipality has exercised due diligence
2-12     in the manner described by Section 54.035(e), Local Government
2-13     Code, to identify the person; and
2-14                       (C)  the officer or designee signs a
2-15     confidentiality agreement that requires that:
2-16                             (i)  the information not be disclosed
2-17     outside the office of the officer or designee, or within the office
2-18     for a purpose other than the purpose described by Paragraph (A);
2-19                             (ii)  the information be labeled as
2-20     confidential;
2-21                             (iii)  the information be kept securely;
2-22     and
2-23                             (iv)  the number of copies made of the
2-24     information or the notes taken from the information that implicate
2-25     the confidential nature of the information be controlled, with all
2-26     copies or notes that are not destroyed or returned remaining
2-27     confidential and subject to the confidentiality agreement.
 3-1           SECTION 2.  Sections 342.006(b) and (d), Health and Safety
 3-2     Code, are amended to read as follows:
 3-3           (b)  The notice must be given:
 3-4                 (1)  personally to the owner in writing;
 3-5                 (2)  by letter addressed to the owner at the owner's
 3-6     address as recorded in the appraisal district records of the
 3-7     appraisal district in which the property is located; or
 3-8                 (3)  if personal service cannot be obtained:
 3-9                       (A)  by publication at least once;
3-10                       (B)  by posting the notice on or near the front
3-11     door of each building on the property to which the violation
3-12     relates; or
3-13                       (C)  by posting the notice on a placard attached
3-14     to a stake driven into the ground on the property to which the
3-15     violation relates[, if the property contains no buildings].
3-16           (d)  In a notice provided under this section, a municipality
3-17     may inform the owner by regular mail and a posting on the property,
3-18     or by personally delivering the notice, that if the owner commits
3-19     another violation of the same kind or nature that poses a danger to
3-20     the public health and safety on or before the first anniversary of
3-21     the date of the notice, the municipality without further notice may
3-22     correct the violation at the owner's expense and assess the expense
3-23     against the property.  If a violation covered by a notice under
3-24     this subsection occurs within the one-year period, and the
3-25     municipality has not been informed in writing by the owner of an
3-26     ownership change, then the municipality without notice may take any
3-27     action permitted by Subsections (a)(1) and (2) and assess its
 4-1     expenses as provided by Section 342.007.
 4-2           SECTION 3. Section 54.033(b), Local Government Code, is
 4-3     amended to read as follows:
 4-4           (b)  A commission appointed for the purpose of hearing cases
 4-5     under this subchapter shall consist of one or more [five-member]
 4-6     panels, each composed of at least five members, to be appointed for
 4-7     terms of two years.
 4-8           SECTION 4. Section 54.034(a), Local Government Code, is
 4-9     amended to read as follows:
4-10           (a)  All cases to be heard by the commission may be heard by
4-11     any panel of the commission.  A majority of the [, but at least
4-12     four] members of a panel must hear a case.
4-13           SECTION 5.  Section 54.035, Local Government Code, is amended
4-14     by amending Subsections (a) and (b) and adding Subsections (d),
4-15     (e), and (f) to read as follows:
4-16           (a)  Notice of all proceedings before the commission panels
4-17     must be given:
4-18                 (1)  by personal delivery or by certified mail, return
4-19     receipt requested, to the record owners of the affected property,
4-20     and each holder of a recorded lien against the affected property,
4-21     as shown by the records in the office of the county clerk of the
4-22     county in which the affected property is located if the address of
4-23     the lienholder can be ascertained from the deed of trust
4-24     establishing the lien and/or other applicable instruments on file
4-25     in the office of the county clerk; and
4-26                 (2)  to all unknown owners, by posting a copy of the
4-27     notice on the front door of each improvement situated on the
 5-1     affected property or as close to the front door as practicable.
 5-2           (b)  The notice must be posted and either personally
 5-3     delivered or [shall be] mailed [and posted] on or before the 10th
 5-4     day before the date of the hearing before the commission panel and
 5-5     must state the date, time, and place of the hearing.  In addition,
 5-6     the notice must be published in a newspaper of general circulation
 5-7     in the municipality on one occasion on or before the 10th day
 5-8     before the date fixed for the hearing.
 5-9           (d)  A municipality must exercise due diligence to determine
5-10     the identity and address of a property owner or lienholder to whom
5-11     the municipality is required to give notice.
5-12           (e)  A municipality exercises due diligence in determining
5-13     the identity and address of a property owner or lienholder when it
5-14     searches the following records:
5-15                 (1)  county real property records of the county in
5-16     which the property is located;
5-17                 (2)  appraisal district records of the appraisal
5-18     district in which the property is located;
5-19                 (3)  records of the secretary of state, if the property
5-20     owner or lienholder is a corporation, partnership, or other
5-21     business association;
5-22                 (4)  assumed name records of the county in which the
5-23     property is located;
5-24                 (5)  tax records of the municipality; and
5-25                 (6)  utility records of the municipality.
5-26           (f)  When a municipality mails a notice in accordance with
5-27     this section to a property owner or lienholder and the United
 6-1     States Postal Service returns the notice as "refused" or
 6-2     "unclaimed," the validity of the notice is not affected, and the
 6-3     notice is considered delivered.
 6-4           SECTION 6. Section 54.038, Local Government Code, is amended
 6-5     to read as follows:
 6-6           Sec. 54.038.  VOTE. A majority [The concurring] vote of the
 6-7     [four] members voting on a matter [of a commission panel] is
 6-8     necessary to take any action under this subchapter and any
 6-9     ordinance adopted by the municipality in accordance with this
6-10     subchapter.
6-11           SECTION 7.  Section 54.039(a), Local Government Code, is
6-12     amended to read as follows:
6-13           (a)  Any owner, lienholder, or mortgagee of record jointly or
6-14     severally aggrieved by any decision of a commission panel may
6-15     present a petition to a district court, duly verified, setting
6-16     forth that the decision is illegal, in whole or in part, and
6-17     specifying the grounds of the illegality.  The petition must be
6-18     presented to the court within 30 calendar days after the date a
6-19     copy of the final decision of the commission panel is personally
6-20     delivered or mailed by first class mail, certified return receipt
6-21     requested, to all persons to whom notice is required to be sent
6-22     under Section 54.035.  The commission panel shall personally
6-23     deliver or mail that copy promptly after the decision becomes
6-24     final.  In addition, an abbreviated copy of the order shall be
6-25     published one time in a newspaper of general circulation in the
6-26     municipality within 10 calendar days after the date of the delivery
6-27     or mailing of the copy as provided by this subsection, including
 7-1     the street address or legal description of the property; the date
 7-2     of the hearing, a brief statement indicating the results of the
 7-3     order, and instructions stating where a complete copy of the order
 7-4     may be obtained, and a copy shall be filed in the office of the
 7-5     municipal secretary or clerk.
 7-6           SECTION 8.  Subchapter C, Chapter 54, Local Government Code,
 7-7     is amended by adding Section 54.044 to read as follows:
 7-8           Sec. 54.044.  ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE
 7-9     HEARING. (a)  As an alternative to the enforcement processes
7-10     described by this subchapter, a municipality by ordinance may adopt
7-11     a procedure for an administrative adjudication hearing under which
7-12     an administrative penalty may be imposed for the enforcement of an
7-13     ordinance described by Section 54.032 or adopted under Section
7-14     214.001(a)(1).
7-15           (b)  A procedure adopted under this section must entitle the
7-16     person charged with violating an ordinance to a hearing and must
7-17     provide for:
7-18                 (1)  the period during which a hearing shall be held;
7-19                 (2)  the appointment of a hearing officer with
7-20     authority to administer oaths and issue orders compelling the
7-21     attendance of witnesses and the production of documents; and
7-22                 (3)  the amount and disposition of administrative
7-23     penalties, costs, and fees.
7-24           (c)  A municipal court may enforce an order of a hearing
7-25     officer compelling the attendance of a witness or the production of
7-26     a document.
7-27           (d)  A citation or summons issued as part of a procedure
 8-1     adopted under this section must:
 8-2                 (1)  notify the person charged with violating the
 8-3     ordinance that the person has the right to a hearing; and
 8-4                 (2)  provide information as to the time and place of
 8-5     the hearing.
 8-6           (e)  The original or a copy of the summons or citation shall
 8-7     be kept as a record in the ordinary course of business of the
 8-8     municipality and is rebuttable proof of the facts it states.
 8-9           (f)  The person who issued the citation or summons is not
8-10     required to attend a hearing under this section.
8-11           (g)  A person charged with violating an ordinance who fails
8-12     to appear at a hearing authorized under this section is considered
8-13     to admit liability for the violation charged.
8-14           (h)  At a hearing under this section, the hearing officer
8-15     shall issue an order stating:
8-16                 (1)  whether the person charged with violating an
8-17     ordinance is liable for the violation; and
8-18                 (2)  the amount of a penalty, cost, or fee assessed
8-19     against the person.
8-20           (i)  An order issued under this section may be filed with the
8-21     clerk or secretary of the municipality.  The clerk or secretary
8-22     shall keep the order in a separate index and file.  The order may
8-23     be recorded using microfilm, microfiche, or data processing
8-24     techniques.
8-25           (j)  An order issued under this section against a person
8-26     charged with an ordinance violation may be enforced by:
8-27                 (1)  filing a civil suit for the collection of a
 9-1     penalty assessed against the person; and
 9-2                 (2)  obtaining an injunction that:
 9-3                       (A)  prohibits specific conduct that violates the
 9-4     ordinance; or
 9-5                       (B)  requires specific conduct necessary for
 9-6     compliance with the ordinance.
 9-7           (k)  A person who is found by a hearing officer to have
 9-8     violated an ordinance may appeal the determination by filing a
 9-9     petition in municipal court before the 31st day after the date the
9-10     hearing officer's determination is filed.  An appeal does not stay
9-11     enforcement and collection of the judgment unless the person,
9-12     before filing the appeal, posts a bond with an agency designated
9-13     for that purpose by the municipality.
9-14           SECTION 9.  Section 214.001, Local Government Code, is
9-15     amended by amending Subsections (d) and (g) and adding Subsection
9-16     (r) to read as follows:
9-17           (d)  After the public hearing, if a building is found in
9-18     violation of standards set out in the ordinance, the municipality
9-19     may order that the building be vacated, secured, repaired, removed,
9-20     or demolished by the owner within a reasonable time as provided by
9-21     this section.  The municipality also may order that the occupants
9-22     be relocated within a reasonable time.  If the owner does not take
9-23     the ordered action within the allotted time, the municipality shall
9-24     make a diligent effort to discover each mortgagee and lienholder
9-25     having an interest in the building or in the property on which the
9-26     building is located.  The municipality shall personally deliver or
9-27     send by certified mail, return receipt requested, to each
 10-1    identified mortgagee and lienholder a notice containing:
 10-2                (1)  an identification, which is not required to be a
 10-3    legal description, of the building and the property on which it is
 10-4    located;
 10-5                (2)  a description of the violation of municipal
 10-6    standards that is present at the building; and
 10-7                (3)  a statement that the municipality will vacate,
 10-8    secure, remove, or demolish the building or relocate the occupants
 10-9    of the building if the ordered action is not taken within a
10-10    reasonable time.
10-11          (g)  After the hearing, the municipality shall promptly mail
10-12    by certified mail, return receipt requested, or personally
10-13    deliver a copy of the order to the owner of the building and to any
10-14    lienholder or mortgagee of the building.  The municipality shall
10-15    use its best efforts to determine the identity and address of any
10-16    owner, lienholder, or mortgagee of the building.  [If a notice is
10-17    mailed according to this subsection and the United States Postal
10-18    Service returns the notice as "refused" or "unclaimed," the
10-19    validity of the notice is not affected, and the notice shall be
10-20    deemed as delivered.]
10-21          (r)  When a municipality mails a notice in accordance with
10-22    this section to a property owner, lienholder, or mortgagee and the
10-23    United States Postal Service returns the notice as "refused" or
10-24    "unclaimed," the validity of the notice is not affected, and the
10-25    notice is considered delivered.
10-26          SECTION 10. Subchapter A, Chapter 214, Local Government Code,
10-27    is amended by adding Section 214.005 to read as follows:
 11-1          Sec. 214.005.  PROPERTY BID OFF TO MUNICIPALITY. A
 11-2    municipality may adopt an ordinance under Section 214.001(a) that
 11-3    applies to property that has been bid off to the municipality under
 11-4    Section 34.01(j), Tax Code.
 11-5          SECTION 11.  Section 214.0012(a), Local Government Code, is
 11-6    amended to read as follows:
 11-7          (a)  Any owner, lienholder, or mortgagee of record of
 11-8    property jointly or severally aggrieved by an order of a
 11-9    municipality issued under Section 214.001 may file in district
11-10    court a verified petition setting forth that the decision is
11-11    illegal, in whole or in part, and specifying the grounds of the
11-12    illegality.  The petition must be filed by an owner, lienholder, or
11-13    mortgagee within 30 calendar days after the respective dates a copy
11-14    of the final decision of the municipality is personally delivered
11-15    or mailed to them by first class mail, certified return receipt
11-16    requested, or such decision shall become final as to each of them
11-17    upon the expiration of each such 30 calendar day period.
11-18          SECTION 12.  Section 683.075, Transportation Code, is amended
11-19    to read as follows:
11-20          Sec. 683.075.  NOTICE.  (a)  The procedures for the abatement
11-21    and removal of a public nuisance under this subchapter must provide
11-22    not less than 10 days' notice of the nature of the nuisance.  The
11-23    notice [and] must be personally delivered or sent by certified mail
11-24    with a five-day return requested to:
11-25                (1)  the last known registered owner of the nuisance;
11-26                (2)  each lienholder of record of the nuisance; and
11-27                (3)  the owner or occupant of:
 12-1                      (A)  the property on which the nuisance is
 12-2    located; or
 12-3                      (B)  if the nuisance is located on a public
 12-4    right-of-way, the property adjacent to the right-of-way.
 12-5          (b)  The notice must state that:
 12-6                (1)  the nuisance must be abated and removed not later
 12-7    than the 10th day after the date on which the notice was personally
 12-8    delivered or mailed; and
 12-9                (2)  any request for a hearing must be made before that
12-10    10-day period expires.
12-11          (c)  If the post office address of the last known registered
12-12    owner of the nuisance is unknown, notice may be placed on the
12-13    nuisance or, if the owner is located, personally delivered [hand
12-14    delivered].
12-15          (d)  If notice is returned undelivered, action to abate the
12-16    nuisance shall be continued to a date not earlier than the 11th day
12-17    after the date of the return.
12-18          SECTION 13. Subchapter E, Chapter 683, Transportation Code,
12-19    is amended by adding Section 683.0765 to read as follows:
12-20          Sec. 683.0765.  ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE
12-21    HEARING. A municipality by ordinance may provide for an
12-22    administrative adjudication process under which an administrative
12-23    penalty may be imposed for the enforcement of an ordinance adopted
12-24    under this subchapter.  If a municipality provides for an
12-25    administrative adjudication process under this section, the
12-26    municipality shall use the procedure described by Section 54.044,
12-27    Local Government Code.
 13-1          SECTION 14. Section 683.077(a), Transportation Code, is
 13-2    amended to read as follows:
 13-3          (a)  Procedures adopted under Section 683.074 or 683.0765 may
 13-4    not apply to a vehicle or vehicle part:
 13-5                (1)  that is completely enclosed in a building in a
 13-6    lawful manner and is not visible from the street or other public or
 13-7    private property; or
 13-8                (2)  that is stored or parked in a lawful manner on
 13-9    private property in connection with the business of a licensed
13-10    vehicle dealer or junkyard, or that is an antique or special
13-11    interest vehicle stored by a motor vehicle collector on the
13-12    collector's property, if the vehicle or part and the outdoor
13-13    storage area, if any, are:
13-14                      (A)  maintained in an orderly manner;
13-15                      (B)  not a health hazard; and
13-16                      (C)  screened from ordinary public view by
13-17    appropriate means, including a fence, rapidly growing trees, or
13-18    shrubbery.
13-19          SECTION 15.  The changes in law made by this Act apply only
13-20    to a notice that is given on or after the effective date of this
13-21    Act.  A notice that is given before the effective date of this Act
13-22    is governed by the law in effect immediately before the effective
13-23    date, and that law is continued in effect for that purpose.
13-24          SECTION 16.  This Act takes effect September 1, 2001.