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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of municipal building and safety |
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ordinances, including the authorization of certain civil actions |
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and the creation of additional enforcement jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 54, Local Government Code, |
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is amended by adding Section 54.011 to read as follows: |
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Sec. 54.011. DEFINITION. In this subchapter, "occupant" |
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means a person who has a contractual right to use or occupy a |
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building or other structure. |
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SECTION 2. Sections 54.012 and 54.013, Local Government |
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Code, are amended to read as follows: |
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Sec. 54.012. CIVIL ACTION. (a) A municipality may bring a |
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civil action for the enforcement of an ordinance: |
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(1) for the preservation of public safety, relating to |
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the materials or methods used to construct a building or other |
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structure or improvement, including the foundation, structural |
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elements, electrical wiring or apparatus, plumbing and fixtures, |
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entrances, or exits; |
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(2) relating to the preservation of public health or |
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to the fire safety of a building or other structure or improvement, |
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including provisions relating to materials, types of construction |
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or design, interior configuration, illumination, warning devices, |
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sprinklers or other fire suppression devices, availability of water |
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supply for extinguishing fires, or location, design, or width of |
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entrances or exits; |
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(3) for zoning that provides for the use of land or |
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classifies a parcel of land according to the municipality's |
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district classification scheme; |
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(4) establishing criteria for land subdivision or |
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construction of buildings, including provisions relating to street |
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width and design, lot size, building width or elevation, setback |
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requirements, or utility service specifications or requirements; |
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(5) implementing civil penalties under this |
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subchapter for conduct classified by statute as a Class C |
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misdemeanor; |
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(6) relating to dangerously damaged or deteriorated |
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structures or improvements; |
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(7) relating to conditions caused by accumulations of |
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refuse, vegetation, or other matter that creates breeding and |
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living places for insects and rodents; |
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(8) relating to the interior configuration, design, |
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illumination, or visibility of business premises exhibiting for |
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viewing by customers while on the premises live or mechanically or |
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electronically displayed entertainment intended to provide sexual |
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stimulation or sexual gratification; or |
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(9) relating to point source effluent limitations or |
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the discharge of a pollutant, other than from a non-point source, |
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into a sewer system, including a sanitary or storm water sewer |
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system, owned or controlled by the municipality. |
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(b) An occupant of a structure may join or bring an |
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enforcement action as provided by Section 54.013 to enforce an |
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ordinance relating to conditions that materially affect the health |
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or safety of the occupant. |
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Sec. 54.013. JURISDICTION; VENUE. (a) Jurisdiction and |
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venue of an action under this subchapter are in the district court |
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or the county court at law of the county in which the municipality |
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bringing the action is located. |
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(b) In addition to district court and the county court at |
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law, an occupant may bring an action authorized by Section |
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54.012(b) in the justice court in the precinct where the structure |
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is located and may obtain relief authorized by this subchapter. |
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SECTION 3. Section 54.016, Local Government Code, is |
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amended to read as follows: |
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Sec. 54.016. INJUNCTION. (a) On a showing of substantial |
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danger of injury or an adverse health impact to any person or to the |
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property of any person other than the defendant, the municipality |
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or occupant of a structure may obtain against the owner or owner's |
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representative with control over the premises an injunction that: |
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(1) prohibits specific conduct that violates the |
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ordinance; and |
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(2) requires specific conduct that is necessary for |
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compliance with the ordinance. |
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(b) It is not necessary for the municipality or occupant to |
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prove that another adequate remedy or penalty for a violation does |
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not exist or to show that prosecution in a criminal action has |
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occurred or has been attempted. |
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SECTION 4. Subsection (a), Section 54.017, Local Government |
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Code, is amended to read as follows: |
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(a) In a suit against the owner or the owner's |
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representative with control over the premises, the municipality or |
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occupant may recover a civil penalty if it proves that: |
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(1) the defendant was actually notified of the |
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provisions of the ordinance; and |
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(2) after the defendant received notice of the |
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ordinance provisions, the defendant committed acts in violation of |
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the ordinance or failed to take action necessary for compliance |
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with the ordinance. |
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SECTION 5. Section 54.018, Local Government Code, is |
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amended to read as follows: |
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Sec. 54.018. ACTION FOR REPAIR OR DEMOLITION OF STRUCTURE. |
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(a) The municipality or occupant may bring an action to compel the |
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repair of a structure. |
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(b) A municipality may bring an action to compel the [or] |
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demolition of a structure or to obtain approval to remove the |
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structure and recover removal costs. |
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(c) [(b)] In an action under this section, the municipality |
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or occupant may also bring a claim for civil penalties under Section |
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54.017. |
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(d) [(c)] The municipality or occupant may file a notice of |
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lis pendens in the office of the county clerk. If the municipality |
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or occupant files the notice, a subsequent purchaser or mortgagee |
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who acquires an interest in the property takes the property subject |
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to the enforcement proceeding and subsequent orders of the court. |
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SECTION 6. This Act takes effect September 1, 2007. |