BILL ANALYSIS

 

 

 

C.S.H.B. 1554

By: Rodriguez, Justin

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

According to interested parties, it is not clear under current law whether a municipality may bring a civil action when enforcing a local ordinance regarding floodplain violations, such as violations related to non-permitted construction or fill placed in the floodplain. C.S.H.B. 1554 seeks to protect property owners susceptible to flash floods by authorizing a municipality to pursue civil remedies for floodplain ordinance violations.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1554 amends the Local Government Code to authorize a municipality to bring a civil action for the enforcement of an ordinance relating to floodplain control and administration, including an ordinance regulating the placement of a structure, fill, or other materials in a designated floodplain. The bill authorizes a municipality, in addition to any necessary and reasonable actions authorized by law, if the municipality gives the owner reasonable notice and opportunity to comply with the ordinance and the owner of the property fails to comply with the ordinance, to abate a violation of a floodplain management ordinance by causing the work necessary to bring real property into compliance with the ordinance, including the repair, removal, or demolition of a structure, fill, or other material illegally placed in the area designated as a floodplain. The bill authorizes the municipality to assess the costs incurred by the municipality against the property and specifies that the municipality has a lien on the property for the costs incurred and for interest accruing at the annual rate of 10 percent on the amount due until the municipality is paid. The bill specifies that the lien is a privileged lien subordinate only to tax liens and liens for street improvements. The bill authorizes the municipality to perfect the lien by filing written notice of the lien with the county clerk of the county in which the property is located and sets out the requirements for such notice.

 

EFFECTIVE DATE

 

September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1554 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

 

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

No equivalent provision.

 

SECTION 1.  Section 54.012, Local Government Code, is amended to read as follows:

Sec. 54.012.  CIVIL ACTION.  A municipality may bring a civil action for the enforcement of an ordinance:

(1)  for the preservation of public safety, relating to the materials or methods used to construct a building or other structure or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;

(2)  relating to the preservation of public health or to the fire safety of a building or other structure or improvement, including provisions relating to materials, types of construction or design, interior configuration, illumination, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits;

(3)  for zoning that provides for the use of land or classifies a parcel of land according to the municipality's district classification scheme;

(4)  establishing criteria for land subdivision or construction of buildings, including provisions relating to street width and design, lot size, building width or elevation, setback requirements, or utility service specifications or requirements;

(5)  implementing civil penalties under this subchapter for conduct classified by statute as a Class C misdemeanor;

(6)  relating to dangerously damaged or deteriorated structures or improvements;

(7)  relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents;

(8)  relating to the interior configuration, design, illumination, or visibility of business premises exhibiting for viewing by customers while on the premises live or mechanically or electronically displayed entertainment intended to provide sexual stimulation or sexual gratification; [or]

(9)  relating to point source effluent limitations or the discharge of a pollutant, other than from a non-point source, into a sewer system, including a sanitary or storm water sewer system, owned or controlled by the municipality; or

(10)  relating to floodplain control and administration, including an ordinance regulating the placement of a structure, fill, or other materials in a designated floodplain.

 

SECTION 1.  Subchapter B, Chapter 54, Local Government Code, is amended by adding Section 54.020 to read as follows:

Sec. 54.020.  ABATEMENT OF FLOODPLAIN VIOLATION; LIEN. (a) In addition to any necessary and reasonable actions authorized by law, a municipality may abate a violation of a floodplain management ordinance by causing the work necessary to bring real property into compliance with the ordinance if the owner of the property fails to comply with the ordinance after the municipality gives the owner reasonable notice and opportunity to comply.

 

 

 

 

 

(b)  The municipality may assess the costs incurred by the municipality under Subsection (a) against the property.  The municipality has a lien on the property for the costs incurred and for interest accruing at the annual rate of 10 percent on the amount due until the municipality is paid.  The lien is a privileged lien subordinate only to tax liens and liens for street improvements.

(c)  The municipality may perfect the lien by filing written notice of the lien with the county clerk of the county in which the property is located. The notice of lien must be in recordable form and must state the name of each property owner, if known, the legal description of the property, and the amount due.

(d)  The municipality may file suit to foreclose the lien and may recover the unpaid costs and interest.

 

SECTION 2.  Subchapter B, Chapter 54, Local Government Code, is amended by adding Section 54.020 to read as follows:

Sec. 54.020.  ABATEMENT OF FLOODPLAIN VIOLATION; LIEN.  (a)  In addition to any necessary and reasonable actions authorized by law, a municipality may abate a violation of a floodplain management ordinance by causing the work necessary to bring real property into compliance with the ordinance, including the repair, removal, or demolition of a structure, fill, or other material illegally placed in the area designated as a floodplain, if:

(1)  the municipality gives the owner reasonable notice and opportunity to comply with the ordinance; and

(2)  the owner of the property fails to comply with the ordinance.

(b)  The municipality may assess the costs incurred by the municipality under Subsection (a) against the property.  The municipality has a lien on the property for the costs incurred and for interest accruing at the annual rate of 10 percent on the amount due until the municipality is paid.  The lien is a privileged lien subordinate only to tax liens and liens for street improvements.

(c)  The municipality may perfect the lien by filing written notice of the lien with the county clerk of the county in which the property is located. The notice of lien must be in recordable form and must state the name of each property owner, if known, the legal description of the property, and the amount due.

 

SECTION 2.  This Act takes effect September 1, 2013.

 

SECTION 3. Same as introduced version.