By: West S.B. No. 1437
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of municipal building and safety
ordinances by occupants of the buildings; providing penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter B, Chapter 54, Local Government Code,
is amended by adding Section 54.011 to read as follows:
       Sec. 54.011.  DEFINITION. In this subchapter, "occupant"
means a person who has signed a written lease agreement and has a
right to use or occupy a building or other structure under that
agreement.
       SECTION 2.  Section 54.012, Local Government Code, is
amended to read as follows:
       Sec. 54.012.  CIVIL ACTION.  (a)  A municipality may bring a
civil action for the enforcement of an ordinance:
             (1)  for the preservation of public safety, relating to
the materials or methods used to construct a building or other
structure or improvement, including the foundation, structural
elements, electrical wiring or apparatus, plumbing and fixtures,
entrances, or exits;
             (2)  relating to the preservation of public health or
to the fire safety of a building or other structure or improvement,
including provisions relating to materials, types of construction
or design, interior configuration, illumination, warning devices,
sprinklers or other fire suppression devices, availability of water
supply for extinguishing fires, or location, design, or width of
entrances or exits;
             (3)  for zoning that provides for the use of land or
classifies a parcel of land according to the municipality's
district classification scheme;
             (4)  establishing criteria for land subdivision or
construction of buildings, including provisions relating to street
width and design, lot size, building width or elevation, setback
requirements, or utility service specifications or requirements;
             (5)  implementing civil penalties under this
subchapter for conduct classified by statute as a Class C
misdemeanor;
             (6)  relating to dangerously damaged or deteriorated
structures or improvements;
             (7)  relating to conditions caused by accumulations of
refuse, vegetation, or other matter that creates breeding and
living places for insects and rodents;
             (8)  relating to the interior configuration, design,
illumination, or visibility of business premises exhibiting for
viewing by customers while on the premises live or mechanically or
electronically displayed entertainment intended to provide sexual
stimulation or sexual gratification; or
             (9)  relating to point source effluent limitations or
the discharge of a pollutant, other than from a non-point source,
into a sewer system, including a sanitary or storm water sewer
system, owned or controlled by the municipality.
       (b)  An occupant of a structure may bring a civil action
against the owner or the owner's representative for the enforcement
of an ordinance relating to a condition that materially affects the
health or safety of the occupant, if the occupant:
             (1)  is current on all rental payments under the lease
agreement;
             (2)  has provided written notice to the owner or owner's
representative describing the condition; and
             (3)  has provided the owner a reasonable time to repair
or remedy the condition considering:
                   (A)  the severity and nature of the condition; and
                   (B)  the reasonable availability of materials,
labor, and utilities.
       (c)  An occupant of a structure may join an action under this
section that relates to that occupant's structure.  An occupant may
not join an action originally brought by a municipality unless the
municipality consents.
       SECTION 3.  Section 54.013, Local Government Code, is
amended to read as follows:
       Sec. 54.013.  JURISDICTION; VENUE; APPEAL.  
(a)  Jurisdiction and venue of an action under this subchapter are
in the district court or the county court at law of the county in
which the municipality or occupant bringing the action is located.
       (b)  In addition to jurisdiction under Subsection (a),
jurisdiction and venue of an action under this subchapter brought
by an occupant is in the justice court in the precinct where the
structure is located.  An appeal by the owner or the owner's
representative of an order of the justice court under this
subchapter stays the effect of any order issued by that court.
       SECTION 4.  Section 54.016, Local Government Code, is
amended to read as follows:
       Sec. 54.016.  INJUNCTION.  (a)  On a showing of substantial
danger of injury or an adverse health impact to any person or to the
property of any person other than the defendant, the municipality
or an occupant of a structure may obtain against the owner or
owner's representative with control over the premises an injunction
that:
             (1)  prohibits specific conduct that violates the
ordinance;  and
             (2)  requires specific conduct that is necessary for
compliance with the ordinance.
       (b)  In determining the specific conduct required under
Subsection (a)(2), a court shall consider the severity and nature
of the violation and the reasonable availability of materials,
labor, and utilities.
       (c) [(b)]  It is not necessary for the municipality or
occupant to prove that another adequate remedy or penalty for a
violation does not exist or to show that prosecution in a criminal
action has occurred or has been attempted.
       SECTION 5.  Subsection (a), Section 54.018, Local Government
Code, is amended to read as follows:
       (a)  The municipality or an occupant of a structure may bring
an action to compel the repair of the structure.  A municipality may
bring an action to compel the [or] demolition of a structure or to
obtain approval to remove the structure and recover removal costs.
       SECTION 6.  Subchapter B, Chapter 54, Local Government Code,
is amended by adding Section 54.020 to read as follows:
       Sec. 54.020.  NO EFFECT ON OTHER DUTIES OF OCCUPANT.  This
subchapter does not affect any duties or other obligations or
responsibilities an occupant has to an owner or the owner's
representative, including an obligation to pay rent or other
obligations in a lease agreement.
       SECTION 7.  This Act takes effect January 1, 2008.