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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a citation to an owner of real property |
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for a violation of a county or municipal rule or ordinance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 250.003, Local |
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Government Code, is amended to read as follows: |
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(a) An individual who is an employee of the owner of real |
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property for which a citation for a violation of a county or |
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municipal rule or ordinance is issued, or of a company that manages |
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the property on behalf of the property owner, is not personally |
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liable for criminal or civil penalties resulting from the violation |
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if, not later than the second business day after the date the |
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citation is issued, the individual provides the property owner's |
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name, current street address, and telephone number to the |
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enforcement official who issues the citation or the official's |
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superior. |
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SECTION 2. Section 250.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 250.004. AGENT FOR SERVICE; NOTICE OF CITATION. |
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(a) The [If the property owner's street address is not in this
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state, the] employee of the owner or management company to whom a |
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citation described by Section 250.003 is issued is considered the |
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owner's agent for accepting service of the citation for the |
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violation of the county or municipal rule or ordinance. Service of |
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the citation on the agent has the same legal effect as service on |
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the owner for the purpose of fines against the owner or the |
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property, including a warrant or capias. |
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(b) The county or municipality issuing the citation shall |
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mail notice of the citation to the property owner at the address |
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most recently provided to the county or municipality by the |
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property owner or by the employee of the owner or management company |
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under Section 250.003(a). This subsection does not require a |
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county or municipality to mail notice using a service that provides |
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delivery confirmation. |
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SECTION 3. This Act takes effect January 1, 2010. |