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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of uninhabitable, unsafe, or abandoned |
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structures by certain 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 233, Local Government Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. UNINHABITABLE, UNSAFE, OR ABANDONED STRUCTURES |
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Sec. 233.121. APPLICABILITY. This subchapter applies only |
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to a county with a population of 3.3 million or more. |
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Sec. 233.122. AUTHORITY TO REGULATE. To promote public |
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health, safety, and welfare, the commissioners court of a county by |
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order may prohibit or otherwise regulate uninhabitable, unsafe, or |
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abandoned structures. |
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Sec. 233.123. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF |
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BUILDING OR OTHER STRUCTURE. (a) If the commissioners court of a |
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county finds that a structure, or part of a structure, is likely to |
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endanger persons or property, the commissioners court may: |
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(1) order the owner of the structure, the owner's |
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agent, or the owner or occupant of the property on which the |
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structure is located to repair, remove, or demolish the structure, |
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or the part of the structure, within a specified time; or |
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(2) repair, remove, or demolish the structure, or the |
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part of the structure, at the expense of the county, on behalf of |
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the owner of the structure or the owner of the property on which the |
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structure is located, and assess the repair, removal, or demolition |
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expenses on the property on which the structure was located. |
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(b) The commissioners court shall provide by order for: |
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(1) the assessment of repair, removal, or demolition |
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expenses incurred under Subsection (a)(2); |
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(2) a method of giving notice of the assessment; and |
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(3) a method of recovering the expenses. |
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Sec. 233.124. CIVIL PENALTY. (a) A person who violates an |
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order issued by the county under this subchapter is liable to the |
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county for a civil penalty of not more than $100 for each violation. |
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Each day a violation continues is considered a separate violation |
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for purposes of assessing the civil penalty. |
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(b) A county may bring suit in a district court to recover a |
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civil penalty authorized by Subsection (a). |
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Sec. 233.125. CUMULATIVE EFFECT. Authority under this |
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subchapter is cumulative of other authority that a county has to |
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regulate structures and does not limit that other authority. |
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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. |