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. Subchapter A, Chapter 54, Local Government Code,
4-9 is amended by adding Section 54.006 to read as follows:
4-10 Sec. 54.006. NONSEVERABILITY OF CERTAIN CONSOLIDATED
4-11 OFFENSES. Section 3.04(a), Penal Code, does not apply to two or
4-12 more offenses consolidated or joined for trial under Section 3.02,
4-13 Penal Code, if each of the offenses is:
4-14 (1) for the violation of an ordinance described by
4-15 Section 54.012;
4-16 (2) punishable by fine only; and
4-17 (3) tried in a municipal court, regardless of whether
4-18 the court is a municipal court of record.
4-19 SECTION 5. Section 54.034(a), Local Government Code, is
4-20 amended to read as follows:
4-21 (a) All cases to be heard by the commission may be heard by
4-22 any panel of the commission. A majority of the [, but at least
4-23 four] members of a panel must hear a case.
4-24 SECTION 6. Section 54.035, Local Government Code, is amended
4-25 by amending Subsections (a) and (b) and adding Subsections (d),
4-26 (e), and (f) to read as follows:
4-27 (a) Notice of all proceedings before the commission panels
5-1 must be given:
5-2 (1) by personal delivery or by certified mail, return
5-3 receipt requested, to the record owners of the affected property,
5-4 and each holder of a recorded lien against the affected property,
5-5 as shown by the records in the office of the county clerk of the
5-6 county in which the affected property is located if the address of
5-7 the lienholder can be ascertained from the deed of trust
5-8 establishing the lien and/or other applicable instruments on file
5-9 in the office of the county clerk; and
5-10 (2) to all unknown owners, by posting a copy of the
5-11 notice on the front door of each improvement situated on the
5-12 affected property or as close to the front door as practicable.
5-13 (b) The notice must be posted and either personally
5-14 delivered or [shall be] mailed [and posted] on or before the 10th
5-15 day before the date of the hearing before the commission panel and
5-16 must state the date, time, and place of the hearing. In addition,
5-17 the notice must be published in a newspaper of general circulation
5-18 in the municipality on one occasion on or before the 10th day
5-19 before the date fixed for the hearing.
5-20 (d) A municipality must exercise due diligence to determine
5-21 the identity and address of a property owner or lienholder to whom
5-22 the municipality is required to give notice.
5-23 (e) A municipality exercises due diligence in determining
5-24 the identity and address of a property owner or lienholder when it
5-25 searches the following records:
5-26 (1) county real property records of the county in
5-27 which the property is located;
6-1 (2) appraisal district records of the appraisal
6-2 district in which the property is located;
6-3 (3) records of the secretary of state, if the property
6-4 owner or lienholder is a corporation, partnership, or other
6-5 business association;
6-6 (4) assumed name records of the county in which the
6-7 property is located;
6-8 (5) tax records of the municipality; and
6-9 (6) utility records of the municipality.
6-10 (f) When a municipality mails a notice in accordance with
6-11 this section to a property owner or lienholder and the United
6-12 States Postal Service returns the notice as "refused" or
6-13 "unclaimed," the validity of the notice is not affected, and the
6-14 notice is considered delivered.
6-15 SECTION 7. Section 54.038, Local Government Code, is amended
6-16 to read as follows:
6-17 Sec. 54.038. VOTE. A majority [The concurring] vote of the
6-18 [four] members voting on a matter [of a commission panel] is
6-19 necessary to take any action under this subchapter and any
6-20 ordinance adopted by the municipality in accordance with this
6-21 subchapter.
6-22 SECTION 8. Section 54.039(a), Local Government Code, is
6-23 amended to read as follows:
6-24 (a) Any owner, lienholder, or mortgagee of record jointly or
6-25 severally aggrieved by any decision of a commission panel may
6-26 present a petition to a district court, duly verified, setting
6-27 forth that the decision is illegal, in whole or in part, and
7-1 specifying the grounds of the illegality. The petition must be
7-2 presented to the court within 30 calendar days after the date a
7-3 copy of the final decision of the commission panel is personally
7-4 delivered or mailed by first class mail, certified return receipt
7-5 requested, to all persons to whom notice is required to be sent
7-6 under Section 54.035. The commission panel shall personally
7-7 deliver or mail that copy promptly after the decision becomes
7-8 final. In addition, an abbreviated copy of the order shall be
7-9 published one time in a newspaper of general circulation in the
7-10 municipality within 10 calendar days after the date of the delivery
7-11 or mailing of the copy as provided by this subsection, including
7-12 the street address or legal description of the property; the date
7-13 of the hearing, a brief statement indicating the results of the
7-14 order, and instructions stating where a complete copy of the order
7-15 may be obtained, and a copy shall be filed in the office of the
7-16 municipal secretary or clerk.
7-17 SECTION 9. Subchapter C, Chapter 54, Local Government Code,
7-18 is amended by adding Section 54.044 to read as follows:
7-19 Sec. 54.044. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE
7-20 HEARING. (a) As an alternative to the enforcement processes
7-21 described by this subchapter, a municipality by ordinance may adopt
7-22 a procedure for an administrative adjudication hearing under which
7-23 an administrative penalty may be imposed for the enforcement of an
7-24 ordinance described by Section 54.032 or adopted under Section
7-25 214.001(a)(1).
7-26 (b) A procedure adopted under this section must entitle the
7-27 person charged with violating an ordinance to a hearing and must
8-1 provide for:
8-2 (1) the period during which a hearing shall be held;
8-3 (2) the appointment of a hearing officer with
8-4 authority to administer oaths and issue orders compelling the
8-5 attendance of witnesses and the production of documents; and
8-6 (3) the amount and disposition of administrative
8-7 penalties, costs, and fees.
8-8 (c) A municipal court may enforce an order of a hearing
8-9 officer compelling the attendance of a witness or the production of
8-10 a document.
8-11 (d) A citation or summons issued as part of a procedure
8-12 adopted under this section must:
8-13 (1) notify the person charged with violating the
8-14 ordinance that the person has the right to a hearing; and
8-15 (2) provide information as to the time and place of
8-16 the hearing.
8-17 (e) The original or a copy of the summons or citation shall
8-18 be kept as a record in the ordinary course of business of the
8-19 municipality and is rebuttable proof of the facts it states.
8-20 (f) The person who issued the citation or summons is not
8-21 required to attend a hearing under this section.
8-22 (g) A person charged with violating an ordinance who fails
8-23 to appear at a hearing authorized under this section is considered
8-24 to admit liability for the violation charged.
8-25 (h) At a hearing under this section, the hearing officer
8-26 shall issue an order stating:
8-27 (1) whether the person charged with violating an
9-1 ordinance is liable for the violation; and
9-2 (2) the amount of a penalty, cost, or fee assessed
9-3 against the person.
9-4 (i) An order issued under this section may be filed with the
9-5 clerk or secretary of the municipality. The clerk or secretary
9-6 shall keep the order in a separate index and file. The order may
9-7 be recorded using microfilm, microfiche, or data processing
9-8 techniques.
9-9 (j) An order issued under this section against a person
9-10 charged with an ordinance violation may be enforced by:
9-11 (1) filing a civil suit for the collection of a
9-12 penalty assessed against the person; and
9-13 (2) obtaining an injunction that:
9-14 (A) prohibits specific conduct that violates the
9-15 ordinance; or
9-16 (B) requires specific conduct necessary for
9-17 compliance with the ordinance.
9-18 (k) A person who is found by a hearing officer to have
9-19 violated an ordinance may appeal the determination by filing a
9-20 petition in municipal court before the 31st day after the date the
9-21 hearing officer's determination is filed. An appeal does not stay
9-22 enforcement and collection of the judgment unless the person,
9-23 before filing the appeal, posts a bond with an agency designated
9-24 for that purpose by the municipality.
9-25 SECTION 10. Section 214.001, Local Government Code, is
9-26 amended by amending Subsections (d) and (g) and adding Subsection
9-27 (r) to read as follows:
10-1 (d) After the public hearing, if a building is found in
10-2 violation of standards set out in the ordinance, the municipality
10-3 may order that the building be vacated, secured, repaired, removed,
10-4 or demolished by the owner within a reasonable time as provided by
10-5 this section. The municipality also may order that the occupants
10-6 be relocated within a reasonable time. If the owner does not take
10-7 the ordered action within the allotted time, the municipality shall
10-8 make a diligent effort to discover each mortgagee and lienholder
10-9 having an interest in the building or in the property on which the
10-10 building is located. The municipality shall personally deliver or
10-11 send by certified mail, return receipt requested, to each
10-12 identified mortgagee and lienholder a notice containing:
10-13 (1) an identification, which is not required to be a
10-14 legal description, of the building and the property on which it is
10-15 located;
10-16 (2) a description of the violation of municipal
10-17 standards that is present at the building; and
10-18 (3) a statement that the municipality will vacate,
10-19 secure, remove, or demolish the building or relocate the occupants
10-20 of the building if the ordered action is not taken within a
10-21 reasonable time.
10-22 (g) After the hearing, the municipality shall promptly mail
10-23 by certified mail, return receipt requested, or personally
10-24 deliver a copy of the order to the owner of the building and to any
10-25 lienholder or mortgagee of the building. The municipality shall
10-26 use its best efforts to determine the identity and address of any
10-27 owner, lienholder, or mortgagee of the building. [If a notice is
11-1 mailed according to this subsection and the United States Postal
11-2 Service returns the notice as "refused" or "unclaimed," the
11-3 validity of the notice is not affected, and the notice shall be
11-4 deemed as delivered.]
11-5 (r) When a municipality mails a notice in accordance with
11-6 this section to a property owner, lienholder, or mortgagee and the
11-7 United States Postal Service returns the notice as "refused" or
11-8 "unclaimed," the validity of the notice is not affected, and the
11-9 notice is considered delivered.
11-10 SECTION 11. Subchapter A, Chapter 214, Local Government Code,
11-11 is amended by adding Section 214.005 to read as follows:
11-12 Sec. 214.005. PROPERTY BID OFF TO MUNICIPALITY. A
11-13 municipality may adopt an ordinance under Section 214.001(a) that
11-14 applies to property that has been bid off to the municipality under
11-15 Section 34.01(j), Tax Code.
11-16 SECTION 12. Section 214.0012(a), Local Government Code, is
11-17 amended to read as follows:
11-18 (a) Any owner, lienholder, or mortgagee of record of
11-19 property jointly or severally aggrieved by an order of a
11-20 municipality issued under Section 214.001 may file in district
11-21 court a verified petition setting forth that the decision is
11-22 illegal, in whole or in part, and specifying the grounds of the
11-23 illegality. The petition must be filed by an owner, lienholder, or
11-24 mortgagee within 30 calendar days after the respective dates a copy
11-25 of the final decision of the municipality is personally delivered
11-26 or mailed to them by first class mail, certified return receipt
11-27 requested, or such decision shall become final as to each of them
12-1 upon the expiration of each such 30 calendar day period.
12-2 SECTION 13. Section 683.075, Transportation Code, is amended
12-3 to read as follows:
12-4 Sec. 683.075. NOTICE. (a) The procedures for the abatement
12-5 and removal of a public nuisance under this subchapter must provide
12-6 not less than 10 days' notice of the nature of the nuisance. The
12-7 notice [and] must be personally delivered or sent by certified mail
12-8 with a five-day return requested to:
12-9 (1) the last known registered owner of the nuisance;
12-10 (2) each lienholder of record of the nuisance; and
12-11 (3) the owner or occupant of:
12-12 (A) the property on which the nuisance is
12-13 located; or
12-14 (B) if the nuisance is located on a public
12-15 right-of-way, the property adjacent to the right-of-way.
12-16 (b) The notice must state that:
12-17 (1) the nuisance must be abated and removed not later
12-18 than the 10th day after the date on which the notice was personally
12-19 delivered or mailed; and
12-20 (2) any request for a hearing must be made before that
12-21 10-day period expires.
12-22 (c) If the post office address of the last known registered
12-23 owner of the nuisance is unknown, notice may be placed on the
12-24 nuisance or, if the owner is located, personally delivered [hand
12-25 delivered].
12-26 (d) If notice is returned undelivered, action to abate the
12-27 nuisance shall be continued to a date not earlier than the 11th day
13-1 after the date of the return.
13-2 SECTION 14. Subchapter E, Chapter 683, Transportation Code,
13-3 is amended by adding Section 683.0765 to read as follows:
13-4 Sec. 683.0765. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE
13-5 HEARING. A municipality by ordinance may provide for an
13-6 administrative adjudication process under which an administrative
13-7 penalty may be imposed for the enforcement of an ordinance adopted
13-8 under this subchapter. If a municipality provides for an
13-9 administrative adjudication process under this section, the
13-10 municipality shall use the procedure described by Section 54.044,
13-11 Local Government Code.
13-12 SECTION 15. Section 683.077(a), Transportation Code, is
13-13 amended to read as follows:
13-14 (a) Procedures adopted under Section 683.074 or 683.0765 may
13-15 not apply to a vehicle or vehicle part:
13-16 (1) that is completely enclosed in a building in a
13-17 lawful manner and is not visible from the street or other public or
13-18 private property; or
13-19 (2) that is stored or parked in a lawful manner on
13-20 private property in connection with the business of a licensed
13-21 vehicle dealer or junkyard, or that is an antique or special
13-22 interest vehicle stored by a motor vehicle collector on the
13-23 collector's property, if the vehicle or part and the outdoor
13-24 storage area, if any, are:
13-25 (A) maintained in an orderly manner;
13-26 (B) not a health hazard; and
13-27 (C) screened from ordinary public view by
14-1 appropriate means, including a fence, rapidly growing trees, or
14-2 shrubbery.
14-3 SECTION 16. The changes in law made by this Act apply only
14-4 to a notice that is given on or after the effective date of this
14-5 Act. A notice that is given before the effective date of this Act
14-6 is governed by the law in effect immediately before the effective
14-7 date, and that law is continued in effect for that purpose.
14-8 SECTION 17. (a) This Act takes effect September 1, 2001.
14-9 (b) The change in law made by this Act by the addition of
14-10 Section 54.006, Local Government Code, applies only to an offense
14-11 committed on or after the effective date of this Act. For purposes
14-12 of this section, an offense is committed before the effective date
14-13 of this Act if any element of the offense occurs before that date.
14-14 (c) An offense committed before the effective date of this
14-15 Act is covered by the law in effect when the offense was committed,
14-16 and the former law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1833 was passed by the House on April
10, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1833 on May 15, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1833 was passed by the Senate, with
amendments, on May 10, 2001, by the following vote: Yeas 29, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor