|
|
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. |