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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation of property maintenance; imposing 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. Subchapter Z, Chapter 233, Local Government |
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Code, is amended by adding Section 233.902 to read as follows: |
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Sec. 233.902. PROPERTY MAINTENANCE STANDARDS; REQUIRING |
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REPAIR, REMOVAL, OR DEMOLITION OF BUILDING OR OTHER STRUCTURE. |
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(a) A county may by order establish minimum standards for property |
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maintenance in the unincorporated area of the county. |
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(b) If the county finds that a building, bulkhead or other |
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method of shoreline protection, fence, shed, awning, or other |
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structure, or part of a structure, is likely to endanger persons or |
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property, the county 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 is located. |
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(c) The county by order shall provide for: |
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(1) the assessment of repair, removal, or demolition |
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expenses incurred under Subsection (b)(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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(d) If a county incurs expenses under Subsection (b), the |
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county may assess the expenses on the property on which the |
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structure is located. The county may obtain a lien against the |
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property to secure the assessment, unless it is a homestead as |
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protected by the Texas Constitution, by filing a notice of lien. |
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The notice must contain the name and address of the owner if that |
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information can be determined with a reasonable effort, a legal |
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description of the real property on which the structure is located, |
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the amount of expenses incurred by the county, and the balance due. |
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The lien arises and attaches to the property at the time the notice |
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is recorded and indexed in the office of the county clerk in each |
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county in which the property is located. |
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(e) The county may punish by fine a person who does not |
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comply with an order issued under Subsection (b)(1). |
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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, 2011. |