BILL ANALYSIS

C.S.H.B. 280

By: Ortega

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Concerns have been raised about the potential for substandard and vacant buildings that violate municipal ordinances to create not only a physical danger but also to lead to increased criminal activity and a reduction in quality of life and property value in the surrounding area. It has been noted that in certain cases a receiver may be appointed to rehabilitate such a property but that certain municipalities are finding it difficult to find individuals that meet a statutory qualification to take on such a project. C.S.H.B. 280 seeks to address this issue by expanding the individuals eligible to be appointed as a receiver in certain municipalities.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 280 amends the Local Government Code to authorize a district court in which a home-rule municipality wholly or partly located in a county that is located along the international border and has a population of 800,000 or more has brought an action against an owner of property that is not in substantial compliance with certain municipal ordinances to appoint as a receiver for the property, after making certain findings, an individual without a demonstrated record of rehabilitating properties if the municipality demonstrates that no individual with such a record is available and the individual being appointed is competent and able to fulfill the duties of a receiver.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 280 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute applies only to a municipality wholly or partly located in a county that is located along the international border and has a population of 800,000 or more and includes as a condition of appointing as a receiver an individual without a demonstrated record of rehabilitating properties a demonstration by the municipality that no individual with such a record is available.