| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to court appointment of a receiver for a property that is |
|
|
in violation of certain ordinances in certain municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 214.003, Local Government Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) Except as provided by Subsections (b-1) and |
|
|
[Subsection] (c), the court may appoint as a receiver for the |
|
|
property a nonprofit organization or an individual with a |
|
|
demonstrated record of rehabilitating properties if the court finds |
|
|
that: |
|
|
(1) the structures on the property are in violation of |
|
|
the standards set forth in Section 214.001(b) and an ordinance |
|
|
described by Subsection (a); |
|
|
(2) notice of violation was given to the record owner |
|
|
of the property; and |
|
|
(3) a public hearing as required by Section 214.001(b) |
|
|
has been conducted. |
|
|
(b-1) This subsection 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. The |
|
|
court may appoint as a receiver under Subsection (b) an individual |
|
|
without a demonstrated record of rehabilitating properties if the |
|
|
municipality demonstrates that: |
|
|
(1) no individual with a demonstrated record of |
|
|
rehabilitating properties is available; and |
|
|
(2) the individual being appointed is competent and |
|
|
able to fulfill the duties of a receiver. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |