BILL ANALYSIS

H.B. 1819

By: Bohac

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Certain municipalities currently do not have an ordinance outlining the minimum habitability standards for multi-family rental housing complexes. This creates a situation where the livable conditions for some of these facilities can lapse, causing a dangerous living environment in these facilities.

H.B. 1819 requires certain municipalities to adopt an ordinance that creates a minimum habitability standard for all multi-family rental housing complexes.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1819 amends the Local Government Code to require a municipality with a population of 1.7 million or more to adopt an ordinance to establish minimum habitability standards for multi-family rental buildings, including required maintenance of the proper operating condition of certain enumerated structural features, fixtures, and other components of such multi-family rental buildings. The bill requires the municipality to designate in the ordinance the method for determining devices that qualify as approved heating devices capable of maintaining a minimum indoor temperature of 70 degrees Fahrenheit when the outdoor temperature is 20 degrees. The bill authorizes a municipality to establish other standards as necessary to reduce material risks to the physical health or safety of tenants of multi-family rental buildings. The bill requires a municipality to establish a program for inspection of multi-family rental buildings to determine if the buildings meet the minimum required habitability standards. The bill makes it a Class C misdemeanor offense for an owner of a multi-family rental building to violate a minimum habitability standards ordinance, and makes each day a violation continues a separate offense. The bill authorizes a municipality to impose a civil penalty not to exceed $1,000 a day for a violation of the ordinance. The bill defines "multi-family rental building" and "unit." The bill makes its provisions applicable to a municipality not later than December 31, 2009.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.