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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing municipalities to assess fees on vacant |
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commercial buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 214, Local Government Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. VACANT COMMERCIAL BUILDINGS |
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Sec. 214.231. VACANT COMMERCIAL BUILDING. For purposes of |
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this subchapter, a commercial building is vacant if no person, as an |
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owner or tenant, conducts a business or resides in any part of the |
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building on a permanent basis. |
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Sec. 214.232. AUTHORITY TO ASSESS FEE. (a) A municipality |
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by ordinance may assess a fee on a vacant commercial building as |
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follows: |
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(1) $500 for a building that is vacant for 180 days or |
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more but less than two years; |
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(2) $1,000 for a building that is vacant for two years |
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or more but less than five years; |
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(3) $2,000 for a building that is vacant for five years |
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or more; and |
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(4) $500 for each year a building is vacant for more |
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than 10 years. |
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(b) A fee assessed under this subchapter is in addition to |
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any registration, inspection, or other regulatory fee assessed by a |
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municipality on a vacant commercial building. |
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(c) This subchapter does not apply to a commercial building |
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owned by a governmental entity. |
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Sec. 214.233. LIEN. (a) The municipality may obtain a lien |
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against the property on which a fee is assessed under this |
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subchapter unless the property is designated as homestead property. |
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(b) To obtain a lien against the property, the presiding |
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officer of the governing body of the municipality or the municipal |
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official designated by the presiding officer must file a fee |
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statement with the county clerk of the county in which the property |
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is located. The lien statement must include: |
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(1) the name and address of the owner of the property |
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if that information can be determined through reasonable diligence; |
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(2) a legal description of the property on which the |
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commercial building is located; |
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(3) the amount of the fee assessed; and |
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(4) the amount owed. |
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(c) The lien attaches on the filing of the lien statement |
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with the county clerk. |
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Sec. 214.234. USE OF FEES. (a) A fee assessed under this |
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subchapter may be used only to abate a violation of a municipal |
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ordinance regarding a nuisance condition or minimum standard for |
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use and occupancy of: |
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(1) a vacant commercial building; or |
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(2) a building on property that contains a vacant |
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commercial building. |
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(b) Authorized expenditures under Subsection (a) include: |
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(1) repairing, removing, securing, vacating, and |
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demolishing buildings; |
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(2) filling, draining, or otherwise abating stagnant |
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water conditions on property; |
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(3) cleaning of filth, carrion, or other impure or |
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unwholesome matter on property; or |
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(4) clearing unsightly, unsanitary, or unsafe |
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vegetation from property. |
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(c) A municipality may authorize work and expenditures for |
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work described by this section only after notice to the owner of the |
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property is provided as prescribed by the municipality's abatement |
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ordinance. |
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(d) A fee collected under this section may not be used to |
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abate a condition related to a commercial building owned by a |
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governmental entity. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |