87R6089 SCL-D
 
  By: Gates H.B. No. 1877
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county and municipal regulation of repairs to vacant
  residential buildings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 250, Local Government Code, is amended
  by adding Section 250.011 to read as follows:
         Sec. 250.011.  AUTHORITY TO REGULATE REPAIRS TO VACANT
  RESIDENTIAL BUILDINGS. (a) A county or municipality may not adopt
  or enforce an order, ordinance, or other regulation that requires
  an owner of a vacant residential building, when repairing damage to
  the building, to improve the building to a condition that is better
  than would have been legally acceptable before the damage occurred,
  including by requiring conformance to updated building code
  standards.
         (b)  The governor may not exempt a county or municipality
  from the prohibition described by Subsection (a) by an executive
  order issued under Chapter 418, Government Code.
         (c)  An owner of a vacant residential building who is
  required to improve the building in violation of Subsection (a) may
  bring an action against the county or municipality that violated
  that subsection for damages incurred due to the violation. The
  owner may recover reasonable attorney's fees and litigation costs
  if the owner prevails in the action. Governmental immunity of the
  county or municipality to suit and from liability is waived to the
  extent of liability created by this subsection.
         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, 2021.