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.
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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.
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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.
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EFFECTIVE DATE
September 1, 2013.
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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.
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