By Moncrief S.B. No. 1375
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.