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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 in certain |
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counties; providing a 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 located in |
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a county with a population of 2.2 million or more may adopt an |
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ordinance requiring owners of vacant buildings to register their |
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buildings by filing a registration form with a designated municipal |
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official. |
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(b) A municipality, in an 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. FORM. An ordinance adopted under this |
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subchapter may require a designated municipal official to adopt a |
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form for registration. The form adopted may require the disclosure |
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of information reasonably necessary for the municipality to |
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minimize the threat to health, safety, and welfare that a vacant |
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building may present to the public. |
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Sec. 214.235. FEE. An ordinance adopted under this |
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subchapter may require the payment of a fee in an amount |
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commensurate with expenses incurred by the municipality to |
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administer the registration program. |
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Sec. 214.236. 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. |
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