78R4390 SMJ-D

By:  Farrar                                                       H.B. No. 1901



A BILL TO BE ENTITLED

AN ACT

relating to administrative procedures in certain municipalities 
for adjudicating violations of ordinances relating to information 
filed with building permits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 214, Local Government Code, is amended 
by adding Subchapter H to read as follows:

SUBCHAPTER H.  ADMINISTRATIVE ADJUDICATION IN CERTAIN 
MUNICIPALITIES OF ORDINANCES RELATING TO INFORMATION FILED WITH 
BUILDING PERMITS
	Sec. 214.231.  APPLICATION OF SUBCHAPTER.  This subchapter 
applies only to a municipality with a population or more than 1.8 
million.
	Sec. 214.232.  ORDINANCES RELATING TO INFORMATION FILED WITH 
BUILDING PERMITS.  The governing body of the municipality may adopt 
an ordinance providing that a person who applies to the 
municipality for a building permit may not file with the 
application any false or misleading information relating to a 
restriction on the use of property affected by the permit.
	Sec. 214.233.  ADMINISTRATIVE ADJUDICATION PROCEDURE.  (a)  
The governing body of the municipality may adopt by ordinance a 
procedure for an administrative adjudication hearing at which an  
administrative penalty may be imposed for the enforcement of an 
ordinance adopted under Section 214.232.
	(b)  An administrative adjudication procedure adopted under 
this section must entitle the person charged with violating the 
ordinance to a hearing and must provide for:
		(1)  the period following the date of the alleged 
violation during which a hearing must be held;
		(2)  the appointment of a hearing officer with 
authority to administer oaths and issue orders compelling the 
attendance of witnesses and the production of documents; and
		(3)  the amount and disposition of administrative 
penalties, costs, and fees that may be imposed for a violation of 
the ordinance.
	Sec. 214.234.  ENFORCEMENT OF ORDERS REGARDING WITNESSES AND 
DOCUMENTS.  A municipal court may enforce an order of a hearing 
officer compelling the attendance of a witness at an administrative 
hearing under this subchapter or the production of a document 
relating to the hearing.
	Sec. 214.235.  NOTICE OF HEARING BY CITATION OR SUMMONS.  (a)  
A citation or summons issued as part of the administrative 
adjudication procedure must:
		(1)  notify the person charged with violating the 
ordinance that the person is entitled to a hearing; and
		(2)  provide information regarding the time and place 
of the hearing.
	(b)  The original or a copy of the summons or citation shall 
be kept as a record in the ordinary course of business of the 
municipality and is rebuttable proof of the facts it states.
	Sec. 214.236.  APPEARANCE AT HEARING.  (a) The person who 
issued the citation or summons is not required to attend an 
administrative hearing under this subchapter.
	(b)  A person charged with violating the ordinance who fails 
to appear at a hearing under this subchapter is considered to admit 
liability for the violation charged.
	Sec. 214.237.  ORDER OF HEARING OFFICER.  (a)  At a hearing 
under this subchapter, the hearing officer shall issue an order 
stating:
		(1)  whether the person charged with violating the 
ordinance is liable for the violation; and
		(2)  the amount of a penalty, cost, or fee assessed 
against the person.
	(b)  An order issued under this section may be filed with the 
clerk or secretary of the municipality.  The clerk or secretary 
shall keep the order in a separate index and file.  The order may be 
recorded using microfilm, microfiche, or an electronic method.
	Sec. 214.238.  ENFORCEMENT OF HEARING ORDER.  An order 
relating to the violation of the ordinance may be enforced by:
		(1)  filing a civil suit for the collection of a penalty 
assessed in the order against a person; or
		(2)  obtaining an injunction that:                                     
			(A)  prohibits specific conduct that violates the 
ordinance; or     
			(B)  requires specific conduct necessary for 
compliance with the ordinance.
	Sec. 214.239.  APPEAL.  A person who is found by a hearing 
officer to have violated an ordinance under this subchapter may 
appeal the determination by filing a petition in municipal court 
before the 31st day after the date the hearing officer's 
determination is filed.  An appeal does not stay enforcement and 
collection of the judgment unless the person, before filing the 
appeal, posts a bond with an agency designated for that purpose by 
the municipality.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.