By Giddings H.B. No. 1833
77R5215 SMJ-D
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; and
2-11 (B) the officer or designee signs a
2-12 confidentiality agreement that requires that:
2-13 (i) the information not be disclosed
2-14 outside the office of the officer or designee, or within the office
2-15 for a purpose other than the purpose described by Paragraph (A);
2-16 (ii) the information be labeled as
2-17 confidential;
2-18 (iii) the information be kept securely;
2-19 and
2-20 (iv) the number of copies made of the
2-21 information or the notes taken from the information that implicate
2-22 the confidential nature of the information be controlled, with all
2-23 copies or notes that are not destroyed or returned remaining
2-24 confidential and subject to the confidentiality agreement.
2-25 SECTION 2. Sections 342.006(b) and (d), Health and Safety
2-26 Code, are amended to read as follows:
2-27 (b) The notice must be given:
3-1 (1) personally to the owner in writing;
3-2 (2) by letter addressed to the owner at the owner's
3-3 address as recorded in the appraisal district records of the
3-4 appraisal district in which the property is located; or
3-5 (3) if personal service cannot be obtained:
3-6 (A) by publication at least once;
3-7 (B) by posting the notice on or near the front
3-8 door of each building on the property to which the violation
3-9 relates; or
3-10 (C) by posting the notice on a placard attached
3-11 to a stake driven into the ground on the property to which the
3-12 violation relates[, if the property contains no buildings].
3-13 (d) In a notice provided under this section, a municipality
3-14 may inform the owner by regular mail and a posting on the property,
3-15 or by personally delivering the notice, that if the owner commits
3-16 another violation of the same kind or nature that poses a danger to
3-17 the public health and safety on or before the first anniversary of
3-18 the date of the notice, the municipality without further notice may
3-19 correct the violation at the owner's expense and assess the expense
3-20 against the property. If a violation covered by a notice under
3-21 this subsection occurs within the one-year period, and the
3-22 municipality has not been informed in writing by the owner of an
3-23 ownership change, then the municipality without notice may take any
3-24 action permitted by Subsections (a)(1) and (2) and assess its
3-25 expenses as provided by Section 342.007.
3-26 SECTION 3. Section 54.033(b), Local Government Code, is
3-27 amended to read as follows:
4-1 (b) A commission appointed for the purpose of hearing cases
4-2 under this subchapter shall consist of one or more [five-member]
4-3 panels, each composed of at least five members, to be appointed for
4-4 terms of two years.
4-5 SECTION 4. Section 54.034(a), Local Government Code, is
4-6 amended to read as follows:
4-7 (a) All cases to be heard by the commission may be heard by
4-8 any panel of the commission. A majority of the [, but at least
4-9 four] members of a panel must hear a case.
4-10 SECTION 5. Section 54.035, Local Government Code, is amended
4-11 by amending Subsections (a) and (b) and adding Subsections (d),
4-12 (e), and (f) to read as follows:
4-13 (a) Notice of all proceedings before the commission panels
4-14 must be given:
4-15 (1) by personal delivery or by certified mail, return
4-16 receipt requested, to the record owners of the affected property,
4-17 and each holder of a recorded lien against the affected property,
4-18 as shown by the records in the office of the county clerk of the
4-19 county in which the affected property is located if the address of
4-20 the lienholder can be ascertained from the deed of trust
4-21 establishing the lien and/or other applicable instruments on file
4-22 in the office of the county clerk; and
4-23 (2) to all unknown owners, by posting a copy of the
4-24 notice on the front door of each improvement situated on the
4-25 affected property or as close to the front door as practicable.
4-26 (b) The notice must be posted and either personally
4-27 delivered or [shall be] mailed [and posted] on or before the 10th
5-1 day before the date of the hearing before the commission panel and
5-2 must state the date, time, and place of the hearing. In addition,
5-3 the notice must be published in a newspaper of general circulation
5-4 in the municipality on one occasion on or before the 10th day
5-5 before the date fixed for the hearing.
5-6 (d) A municipality must exercise due diligence to determine
5-7 the identity and address of a property owner or lienholder to whom
5-8 the municipality is required to give notice.
5-9 (e) A municipality exercises due diligence in determining
5-10 the identity and address of a property owner or lienholder when it
5-11 searches the following records:
5-12 (1) county real property records of the county in
5-13 which the property is located;
5-14 (2) appraisal district records of the appraisal
5-15 district in which the property is located;
5-16 (3) records of the secretary of state, if the property
5-17 owner or lienholder is a corporation, partnership, or other
5-18 business association;
5-19 (4) assumed name records of the county in which the
5-20 property is located;
5-21 (5) tax records of the municipality; and
5-22 (6) utility records of the municipality.
5-23 (f) When a municipality mails a notice in accordance with
5-24 this section to a property owner or lienholder and the United
5-25 States Postal Service returns the notice as "refused" or
5-26 "unclaimed," the validity of the notice is not affected, and the
5-27 notice is considered delivered.
6-1 SECTION 6. Section 54.038, Local Government Code, is amended
6-2 to read as follows:
6-3 Sec. 54.038. VOTE. A majority [The concurring] vote of the
6-4 [four] members voting on a matter [of a commission panel] is
6-5 necessary to take any action under this subchapter and any
6-6 ordinance adopted by the municipality in accordance with this
6-7 subchapter.
6-8 SECTION 7. Section 54.039(a), Local Government Code, is
6-9 amended to read as follows:
6-10 (a) Any owner, lienholder, or mortgagee of record jointly or
6-11 severally aggrieved by any decision of a commission panel may
6-12 present a petition to a district court, duly verified, setting
6-13 forth that the decision is illegal, in whole or in part, and
6-14 specifying the grounds of the illegality. The petition must be
6-15 presented to the court within 30 calendar days after the date a
6-16 copy of the final decision of the commission panel is personally
6-17 delivered or mailed by first class mail, certified return receipt
6-18 requested, to all persons to whom notice is required to be sent
6-19 under Section 54.035. The commission panel shall personally
6-20 deliver or mail that copy promptly after the decision becomes
6-21 final. In addition, an abbreviated copy of the order shall be
6-22 published one time in a newspaper of general circulation in the
6-23 municipality within 10 calendar days after the date of the delivery
6-24 or mailing of the copy as provided by this subsection, including
6-25 the street address or legal description of the property; the date
6-26 of the hearing, a brief statement indicating the results of the
6-27 order, and instructions stating where a complete copy of the order
7-1 may be obtained, and a copy shall be filed in the office of the
7-2 municipal secretary or clerk.
7-3 SECTION 8. Subchapter C, Chapter 54, Local Government Code,
7-4 is amended by adding Section 54.044 to read as follows:
7-5 Sec. 54.044. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE
7-6 HEARING. (a) As an alternative to the enforcement processes
7-7 described by this subchapter, a municipality by ordinance may adopt
7-8 a procedure for an administrative adjudication hearing under which
7-9 an administrative penalty may be imposed for the enforcement of an
7-10 ordinance described by Section 54.032 or adopted under Section
7-11 214.001(a)(1).
7-12 (b) A procedure adopted under this section must entitle the
7-13 person charged with violating an ordinance to a hearing and must
7-14 provide for:
7-15 (1) the period during which a hearing shall be held;
7-16 (2) the appointment of a hearing officer with
7-17 authority to administer oaths and issue orders compelling the
7-18 attendance of witnesses and the production of documents; and
7-19 (3) the amount and disposition of administrative
7-20 penalties, costs, and fees.
7-21 (c) A municipal court may enforce an order of a hearing
7-22 officer compelling the attendance of a witness or the production of
7-23 a document.
7-24 (d) A citation or summons issued as part of a procedure
7-25 adopted under this section must:
7-26 (1) notify the person charged with violating the
7-27 ordinance that the person has the right to a hearing; and
8-1 (2) provide information as to the time and place of
8-2 the hearing.
8-3 (e) The original or a copy of the summons or citation shall
8-4 be kept as a record in the ordinary course of business of the
8-5 municipality and is rebuttable proof of the facts it states.
8-6 (f) The person who issued the citation or summons is not
8-7 required to attend a hearing under this section.
8-8 (g) A person charged with violating an ordinance who fails
8-9 to appear at a hearing authorized under this section is considered
8-10 to admit liability for the violation charged.
8-11 (h) At a hearing under this section, the hearing officer
8-12 shall issue an order stating:
8-13 (1) whether the person charged with violating an
8-14 ordinance is liable for the violation; and
8-15 (2) the amount of a penalty, cost, or fee assessed
8-16 against the person.
8-17 (i) An order issued under this section may be filed with the
8-18 clerk or secretary of the municipality. The clerk or secretary
8-19 shall keep the order in a separate index and file. The order may
8-20 be recorded using microfilm, microfiche, or data processing
8-21 techniques.
8-22 (j) An order issued under this section against a person
8-23 charged with an ordinance violation may be enforced by:
8-24 (1) filing a civil suit for the collection of a
8-25 penalty assessed against the person; and
8-26 (2) obtaining an injunction that:
8-27 (A) prohibits specific conduct that violates the
9-1 ordinance; or
9-2 (B) requires specific conduct necessary for
9-3 compliance with the ordinance.
9-4 (k) A person who is found by a hearing officer to have
9-5 violated an ordinance may appeal the determination by filing a
9-6 petition in municipal court before the 31st day after the date the
9-7 hearing officer's determination is filed. An appeal does not stay
9-8 enforcement and collection of the judgment unless the person,
9-9 before filing the appeal, posts a bond with an agency designated
9-10 for that purpose by the municipality.
9-11 SECTION 9. Section 214.001, Local Government Code, is
9-12 amended by amending Subsections (d) and (g) and adding Subsection
9-13 (r) to read as follows:
9-14 (d) After the public hearing, if a building is found in
9-15 violation of standards set out in the ordinance, the municipality
9-16 may order that the building be vacated, secured, repaired, removed,
9-17 or demolished by the owner within a reasonable time as provided by
9-18 this section. The municipality also may order that the occupants
9-19 be relocated within a reasonable time. If the owner does not take
9-20 the ordered action within the allotted time, the municipality shall
9-21 make a diligent effort to discover each mortgagee and lienholder
9-22 having an interest in the building or in the property on which the
9-23 building is located. The municipality shall personally deliver or
9-24 send by certified mail, return receipt requested, to each
9-25 identified mortgagee and lienholder a notice containing:
9-26 (1) an identification, which is not required to be a
9-27 legal description, of the building and the property on which it is
10-1 located;
10-2 (2) a description of the violation of municipal
10-3 standards that is present at the building; and
10-4 (3) a statement that the municipality will vacate,
10-5 secure, remove, or demolish the building or relocate the occupants
10-6 of the building if the ordered action is not taken within a
10-7 reasonable time.
10-8 (g) After the hearing, the municipality shall promptly mail
10-9 by certified mail, return receipt requested, or personally
10-10 deliver a copy of the order to the owner of the building and to any
10-11 lienholder or mortgagee of the building. The municipality shall
10-12 use its best efforts to determine the identity and address of any
10-13 owner, lienholder, or mortgagee of the building. [If a notice is
10-14 mailed according to this subsection and the United States Postal
10-15 Service returns the notice as "refused" or "unclaimed," the
10-16 validity of the notice is not affected, and the notice shall be
10-17 deemed as delivered.]
10-18 (r) When a municipality mails a notice in accordance with
10-19 this section to a property owner, lienholder, or mortgagee and the
10-20 United States Postal Service returns the notice as "refused" or
10-21 "unclaimed," the validity of the notice is not affected, and the
10-22 notice is considered delivered.
10-23 SECTION 10. Subchapter A, Chapter 214, Local Government Code,
10-24 is amended by adding Section 214.005 to read as follows:
10-25 Sec. 214.005. PROPERTY BID OFF TO MUNICIPALITY. A
10-26 municipality may adopt an ordinance under Section 214.001(a) that
10-27 applies to property that has been bid off to the municipality under
11-1 Section 34.01(j), Tax Code.
11-2 SECTION 11. Section 214.0012(a), Local Government Code, is
11-3 amended to read as follows:
11-4 (a) Any owner, lienholder, or mortgagee of record of
11-5 property jointly or severally aggrieved by an order of a
11-6 municipality issued under Section 214.001 may file in district
11-7 court a verified petition setting forth that the decision is
11-8 illegal, in whole or in part, and specifying the grounds of the
11-9 illegality. The petition must be filed by an owner, lienholder, or
11-10 mortgagee within 30 calendar days after the respective dates a copy
11-11 of the final decision of the municipality is personally delivered
11-12 or mailed to them by first class mail, certified return receipt
11-13 requested, or such decision shall become final as to each of them
11-14 upon the expiration of each such 30 calendar day period.
11-15 SECTION 12. Section 683.075, Transportation Code, is amended
11-16 to read as follows:
11-17 Sec. 683.075. NOTICE. (a) The procedures for the abatement
11-18 and removal of a public nuisance under this subchapter must provide
11-19 not less than 10 days' notice of the nature of the nuisance. The
11-20 notice [and] must be personally delivered or sent by certified mail
11-21 with a five-day return requested to:
11-22 (1) the last known registered owner of the nuisance;
11-23 (2) each lienholder of record of the nuisance; and
11-24 (3) the owner or occupant of:
11-25 (A) the property on which the nuisance is
11-26 located; or
11-27 (B) if the nuisance is located on a public
12-1 right-of-way, the property adjacent to the right-of-way.
12-2 (b) The notice must state that:
12-3 (1) the nuisance must be abated and removed not later
12-4 than the 10th day after the date on which the notice was personally
12-5 delivered or mailed; and
12-6 (2) any request for a hearing must be made before that
12-7 10-day period expires.
12-8 (c) If the post office address of the last known registered
12-9 owner of the nuisance is unknown, notice may be placed on the
12-10 nuisance or, if the owner is located, personally delivered [hand
12-11 delivered].
12-12 (d) If notice is returned undelivered, action to abate the
12-13 nuisance shall be continued to a date not earlier than the 11th day
12-14 after the date of the return.
12-15 SECTION 13. Subchapter E, Chapter 683, Transportation Code,
12-16 is amended by adding Section 683.0765 to read as follows:
12-17 Sec. 683.0765. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE
12-18 HEARING. A municipality by ordinance may provide for an
12-19 administrative adjudication process under which an administrative
12-20 penalty may be imposed for the enforcement of an ordinance adopted
12-21 under this subchapter. If a municipality provides for an
12-22 administrative adjudication process under this section, the
12-23 municipality shall use the procedure described by Section 54.044,
12-24 Local Government Code.
12-25 SECTION 14. Section 683.077(a), Transportation Code, is
12-26 amended to read as follows:
12-27 (a) Procedures adopted under Section 683.074 or 683.0765 may
13-1 not apply to a vehicle or vehicle part:
13-2 (1) that is completely enclosed in a building in a
13-3 lawful manner and is not visible from the street or other public or
13-4 private property; or
13-5 (2) that is stored or parked in a lawful manner on
13-6 private property in connection with the business of a licensed
13-7 vehicle dealer or junkyard, or that is an antique or special
13-8 interest vehicle stored by a motor vehicle collector on the
13-9 collector's property, if the vehicle or part and the outdoor
13-10 storage area, if any, are:
13-11 (A) maintained in an orderly manner;
13-12 (B) not a health hazard; and
13-13 (C) screened from ordinary public view by
13-14 appropriate means, including a fence, rapidly growing trees, or
13-15 shrubbery.
13-16 SECTION 15. The changes in law made by this Act apply only
13-17 to a notice that is given on or after the effective date of this
13-18 Act. A notice that is given before the effective date of this Act
13-19 is governed by the law in effect immediately before the effective
13-20 date, and that law is continued in effect for that purpose.
13-21 SECTION 16. This Act takes effect September 1, 2001.