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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal registration of vacant buildings; providing a |
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penalty. |
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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. REGISTRATION OF VACANT BUILDINGS |
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Sec. 214.231. DEFINITIONS. In this subchapter: |
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(1) "Building" means any enclosed structure designed |
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for use as a habitation or for a commercial use, including engaging |
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in trade or manufacture. |
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(2) "Owner" means the person that owns the real |
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property on which a building is situated, according to: |
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(A) the real property records of the county in |
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which the property is located; or |
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(B) the records of the appraisal district in |
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which the property is located. |
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(3) "Unit" means an enclosed area designed: |
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(A) for habitation by a single family; or |
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(B) for a commercial use, including engaging in |
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trade or manufacture, by a tenant. |
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Sec. 214.232. PRESUMPTION OF VACANCY. A building is |
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presumed to be vacant under this subchapter if: |
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(1) all lawful residential, commercial, recreational, |
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charitable, or construction activity at the building has ceased, or |
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reasonably appears to have ceased, for more than 150 days; or |
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(2) the building contains more than three units, 75 |
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percent or more of which have not been used lawfully, or reasonably |
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appear not to have been used lawfully, for more than 150 days. |
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Sec. 214.233. REGISTRATION. (a) A municipality by |
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ordinance may require the owner of a vacant building to register the |
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building by filing a completed registration form with a designated |
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municipal official not later than the later of the 30th day after |
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the date: |
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(1) the building becomes vacant; or |
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(2) the person becomes the owner of the building. |
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(b) A municipality, in the ordinance adopted under this |
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subchapter, may exempt certain classifications of buildings as |
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determined reasonable and appropriate by the governing body of the |
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municipality. |
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Sec. 214.234. EXPIRATION AND RENEWAL. (a) The ordinance |
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may provide that a registration under this subchapter: |
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(1) expires automatically on the first anniversary of |
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the date the owner filed a registration form under Section 214.233; |
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and |
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(2) must be renewed on or before the 30th day before |
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the date the registration expires, unless the building is no longer |
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vacant. |
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(b) The ordinance may prohibit an owner from renewing a |
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registration under this subchapter if a citation issued by the |
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municipality relating to a condition of the building alleged by the |
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municipality to constitute a violation of an ordinance, code, or |
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other law has not been paid in full, dismissed, or otherwise legally |
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resolved. |
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Sec. 214.235. FORM. A designated municipal official shall |
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adopt a form for registration under this subchapter, which may |
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require: |
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(1) the legibly printed name of the owner or the |
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owner's authorized agent and a notarized signature attesting on |
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personal knowledge and under oath to the accuracy of: |
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(A) all statements on the registration form; and |
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(B) any documents submitted with the form; |
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(2) the disclosure of any information reasonably |
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necessary for the municipality to minimize the threat to health, |
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safety, and welfare that a vacant building may present to the |
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public, which may include: |
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(A) a legal description of the real property on |
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which the building is situated; |
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(B) the physical address of the building; |
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(C) the name, mailing address, physical address, |
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and telephone number of the owner of the building; and |
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(D) the name, mailing address, physical address |
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in this state, and telephone number of a natural person at least 21 |
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years of age authorized by the owner of the building as the owner's |
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agent for the receipt of notices from the municipality pertaining |
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to the building and for the receipt of process; |
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(3) a statement that the building is secured to |
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prevent unauthorized entry, with a brief description of the means |
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by which the building has been secured; |
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(4) a statement that one or more signs have been posted |
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at the entrance to the building, reasonably likely to come to the |
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attention of intruders, stating that unauthorized entry is |
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forbidden; and |
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(5) a certificate issued by an insurance company |
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authorized by the Texas Department of Insurance to transact |
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business in this state evidencing a liability insurance policy |
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covering the building in an amount required under Section 214.236. |
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Sec. 214.236. INSURANCE REQUIREMENT. An ordinance may |
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require an owner to insure a vacant building registered under this |
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subchapter in an amount: |
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(1) not less than $250,000 for a building containing |
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more than 2 but fewer than 20 units designed for habitation; or |
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(2) not less than $500,000 for any other building. |
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Sec. 214.237. FEE. An ordinance may require the payment of |
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a fee, not to exceed $250, for a registration or renewal under this |
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subchapter. |
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Sec. 214.238. REGISTRATION SUPPLEMENT OR AMENDMENT. An |
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ordinance may require an owner to supplement or amend a |
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registration under this subchapter not later than the 30th day |
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after the date the owner knows or reasonably should know that a |
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statement on the building's current registration form, or on any |
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document submitted with the building's current registration form, |
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is incomplete or otherwise inaccurate. |
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Sec. 214.239. OFFENSE. (a) The owner of a vacant building |
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commits an offense if the owner violates an ordinance adopted under |
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this section. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) Each day the violation continues constitutes a separate |
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offense. |
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(d) Section 3.04(a), Penal Code, does not apply to two or |
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more offenses under this section that are consolidated or joined |
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for trial under Section 3.02, Penal Code, if each of the offenses |
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is: |
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(1) for the violation of an ordinance adopted under |
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this section; |
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(2) punishable by fine only; and |
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(3) tried in a municipal court, regardless of whether |
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the court is a municipal court of record. |
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SECTION 2. This Act takes effect January 1, 2010. |