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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a municipality to file a lien on homestead |
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property for the costs incurred by the municipality related to a |
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dangerous structure on the property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 214.001(n), Local Government Code, is |
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amended to read as follows: |
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(n) If a municipality incurs expenses under Subsection (m), |
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the municipality may assess the expenses on, and the municipality |
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has a lien against, [unless it is a homestead as protected by the
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Texas Constitution,] the property on which the building was |
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located. The lien is extinguished if the property owner or another |
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person having an interest in the legal title to the property |
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reimburses the municipality for the expenses. The lien arises and |
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attaches to the property at the time the notice of the lien is |
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recorded and indexed in the office of the county clerk in the county |
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in which the property is located. The notice must contain the name |
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and address of the owner if that information can be determined with |
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a reasonable effort, a legal description of the real property on |
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which the building was located, the amount of expenses incurred by |
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the municipality, and the balance due. |
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SECTION 2. Section 214.0015(d), Local Government Code, is |
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amended to read as follows: |
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(d) The municipality shall impose a lien against the land on |
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which the building stands or stood[, unless it is a homestead as
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protected by the Texas Constitution,] to secure the payment of the |
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repair, removal, or demolition expenses or the civil penalty. |
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Promptly after the imposition of the lien, the municipality must |
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file for record, in recordable form in the office of the county |
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clerk of the county in which the land is located, a written notice |
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of the imposition of the lien. The notice must contain a legal |
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description of the land. |
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SECTION 3. Section 214.101(e), Local Government Code, is |
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amended to read as follows: |
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(e) If a municipality incurs expenses under this |
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subchapter, the municipality may assess the expenses on, and the |
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municipality has a lien against, [unless it is a homestead as
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protected by the Texas Constitution,] the property on which the |
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swimming pool or the enclosure or fence is situated. The lien is |
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extinguished if the property owner or another person having an |
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interest in the legal title to the property reimburses the |
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municipality for the expenses. The lien arises and attaches to the |
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property at the time the notice of the lien is recorded in the |
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office of the county clerk in the county in which the property is |
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situated. The notice must contain the name and address of the owner |
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if that information can be determined with a reasonable effort, a |
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legal description of the real property on which the swimming pool or |
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the enclosure or fence is situated, the amount of expenses incurred |
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by the municipality, and the balance due. The lien is a privileged |
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lien subordinate only to tax liens and all previously recorded bona |
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fide mortgage liens attached to the real property to which the |
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municipality's lien attaches. |
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SECTION 4. This Act takes effect January 1, 2014, but only |
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if the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, authorizing the foreclosure of a lien |
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against homestead property for costs incurred by a municipality to |
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vacate, secure, repair, remove, or demolish a dangerous structure |
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on the homestead property is approved by the voters. If that |
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amendment is not approved by the voters, this Act has no effect. |