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A BILL TO BE ENTITLED
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AN ACT
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relating to county and municipal regulation of repairs to vacant |
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residential buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.011 to read as follows: |
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Sec. 250.011. AUTHORITY TO REGULATE REPAIRS TO VACANT |
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RESIDENTIAL BUILDINGS. (a) A county or municipality may not adopt |
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or enforce an order, ordinance, or other regulation that requires |
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an owner of a vacant residential building, when repairing damage to |
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the building, to improve the building to a condition that is better |
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than would have been legally acceptable before the damage occurred, |
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including by requiring conformance to updated building code |
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standards. |
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(b) The governor may not exempt a county or municipality |
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from the prohibition described by Subsection (a) by an executive |
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order issued under Chapter 418, Government Code. |
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(c) An owner of a vacant residential building who is |
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required to improve the building in violation of Subsection (a) may |
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bring an action against the county or municipality that violated |
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that subsection for damages incurred due to the violation. The |
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owner may recover reasonable attorney's fees and litigation costs |
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if the owner prevails in the action. Governmental immunity of the |
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county or municipality to suit and from liability is waived to the |
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extent of liability created by this subsection. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |