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BILL ANALYSIS

 

 

 

S.B. 254

By: Rodríguez

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

 

 

 

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. S.B. 254 seeks to address this issue by expanding the category of individuals eligible to be appointed as a receiver.

 

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

 

S.B. 254 amends the Local Government Code to authorize a district court, in an action brought by 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 against a property owner 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 a demonstrated record of rehabilitating properties is available and that the individual 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.