By Carter H.B. No. 2783 77R4947 SMJ-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the enforcement of certain health and safety ordinances 1-3 by municipalities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 54, Local Government Code, 1-6 is amended by adding Section 54.006 to read as follows: 1-7 Sec. 54.006. NOTICE IN ACTION TO ENFORCE ORDINANCE. (a) A 1-8 municipality must exercise due diligence to determine the identity 1-9 and address of a property owner or other person to whom the 1-10 municipality is required to give notice under this chapter. 1-11 (b) A municipality exercises due diligence in determining 1-12 the identity and address of a property owner or other person when 1-13 it searches the following records: 1-14 (1) county real property records of the county in 1-15 which the property is located; 1-16 (2) appraisal district records of the appraisal 1-17 district in which the property is located; 1-18 (3) records of the secretary of state, if the property 1-19 owner or other person is a corporation, partnership, or other 1-20 business association; 1-21 (4) assumed name records of the county in which the 1-22 property is located; 1-23 (5) tax records of the municipality; and 1-24 (6) utility records of the municipality. 2-1 (c) When a municipality mails a notice in accordance with 2-2 this section to a property owner or other person and the United 2-3 States Postal Service returns the notice as "refused" or 2-4 "unclaimed," the validity of the notice is not affected, and the 2-5 notice is considered delivered. 2-6 SECTION 2. Subchapter B, Chapter 54, Local Government Code, 2-7 is amended by adding Section 54.020 to read as follows: 2-8 Sec. 54.020. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE 2-9 HEARING. (a) As an alternative to the enforcement processes 2-10 described by this subchapter, a municipality by ordinance may adopt 2-11 a procedure for an administrative adjudication hearing under which 2-12 an administrative penalty may be imposed for the enforcement of an 2-13 ordinance described by Section 54.012. 2-14 (b) A procedure adopted under this section must entitle the 2-15 person charged with violating an ordinance to a hearing and must 2-16 provide for: 2-17 (1) the period during which a hearing shall be held; 2-18 (2) the appointment of a hearing officer with 2-19 authority to administer oaths and issue orders compelling the 2-20 attendance of witnesses and the production of documents; and 2-21 (3) the amount and disposition of administrative 2-22 penalties, costs, and fees. 2-23 (c) A municipal court may enforce an order of a hearing 2-24 officer compelling the attendance of a witness or the production of 2-25 a document. 2-26 (d) A citation or summons issued as part of a procedure 2-27 adopted under this section must: 3-1 (1) notify the person charged with violating the 3-2 ordinance that the person has the right to a hearing; and 3-3 (2) provide information as to the time and place of 3-4 the hearing. 3-5 (e) The original or a copy of the summons or citation shall 3-6 be kept as a record in the ordinary course of business of the 3-7 municipality and is rebuttable proof of the facts it states. 3-8 (f) The person who issued the citation or summons is not 3-9 required to attend a hearing under this section. 3-10 (g) A person charged with violating an ordinance who fails 3-11 to appear at a hearing authorized under this section is considered 3-12 to admit liability for the violation charged. 3-13 (h) At a hearing under this section, the hearing officer 3-14 shall issue an order stating: 3-15 (1) whether the person charged with violating an 3-16 ordinance is liable for the violation; and 3-17 (2) the amount of a penalty, cost, or fee assessed 3-18 against the person. 3-19 (i) An order issued under this section may be filed with the 3-20 clerk or secretary of the municipality. The clerk or secretary 3-21 shall keep the order in a separate index and file. The order may 3-22 be recorded using microfilm, microfiche, or data processing 3-23 techniques. 3-24 (j) An order issued under this section against a person 3-25 charged with an ordinance violation may be enforced by: 3-26 (1) filing a civil suit for the collection of a 3-27 penalty assessed against the person; and 4-1 (2) obtaining an injunction that: 4-2 (A) prohibits specific conduct that violates the 4-3 ordinance; or 4-4 (B) requires specific conduct necessary for 4-5 compliance with the ordinance. 4-6 (k) A person who is found by a hearing officer to have 4-7 violated an ordinance may appeal the determination by filing a 4-8 petition in municipal court, subject to the procedures and 4-9 requirements applicable to other municipal court cases, before the 4-10 31st day after the date the hearing officer's determination is 4-11 filed. An appeal does not stay enforcement and collection of the 4-12 judgment unless the person, before filing the appeal, posts a bond 4-13 with an agency designated for that purpose by the municipality. 4-14 SECTION 3. This Act takes effect immediately if it receives 4-15 a vote of two-thirds of all the members elected to each house, as 4-16 provided by Section 39, Article III, Texas Constitution. If this 4-17 Act does not receive the vote necessary for immediate effect, this 4-18 Act takes effect September 1, 2001.