BILL ANALYSIS

Senate Research Center	H.B. 36
86R2666 SCL-D	By: Ortega et al. (Rodr�guez)
	Intergovernmental Relations
	4/27/2019
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

It has been reported that certain court proceedings for cases involving dangerously damaged or deteriorated or substandard buildings can take several years to be resolved. If a structure is considered dangerous at the time the judicial process begins, it may become even more unsafe while the process is ongoing and may create secondary effects leading to public welfare risks. H.B. 36 seeks to remedy this problem and prevent prolonged litigation by expediting court proceedings related to the enforcement of a municipal ordinance concerning dangerously damaged or deteriorated or substandard structures or improvements.

H.B. 36 amends current law relating to expedited proceedings in cases involving dangerously damaged or deteriorated or substandard buildings or improvements in a municipality.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.014(a), Civil Practice and Remedies Code, as follows:

(a) Authorizes a person to appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:

(1)�(11) makes no changes to these subdivisions;

(12)�(13) makes nonsubstantive changes to these subdivisions; or

(14) denies a motion filed by a governmental unit as defined by Section 101.001 (Definitions) of this code in an action filed under Section 54.012(6) (relating to authorizing a municipality to bring a civil action for the enforcement of an ordinance relating to dangerously damaged or deteriorated structures or improvements) or 214.0012 (Judicial Review), Local Government Code.

SECTION 2. Amends Subchapter B, Chapter 54, Local Government Code, by adding Section 54.0155, as follows:

Sec. 54.0155. EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL ACTIONS. (a) Requires a court to expedite any proceeding, including an appeal in accordance with Subsection (b), related to a suit brought under this subchapter (Municipal Health and Safety Ordinances) for the enforcement of an ordinance relating to dangerously damaged or deteriorated structures or improvements as described by Section 54.012(6).

(b) Provides that an appeal of a suit described by Subsection (a) is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. Requires the appellate court to render its final order or judgment with the least possible delay.

SECTION 3. Amends Section 214.001, Local Government Code, by adding Subsection (s) to require a court to expedite any proceeding, including an appeal in accordance with Section 214.0012, related to a substandard building determination under this section (Authority Regarding Substandard Building).

SECTION 4. Amends Section 214.0012, Local Government Code, by adding Subsection (i) to require that an appeal under this section is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. Requires the district court to render its final order or judgment with the least possible delay.

SECTION 5. Effective date: upon passage or September 1, 2019.