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A BILL TO BE ENTITLED
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AN ACT
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relating to municipal and county permitting requirements to conduct |
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certain repairs on vacant residential buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 214, Local Government |
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Code, is amended by adding Section 214.909 to read as follows: |
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Sec. 214.909. REPAIRS TO VACANT RESIDENTIAL BUILDINGS. (a) |
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A municipality may not adopt or enforce an ordinance or other |
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regulation that requires an owner of a vacant residential building |
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to obtain a permit to conduct repairs to the building if the repairs |
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are necessary to: |
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(1) protect public safety; or |
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(2) prevent further damage to the building. |
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(b) The governor may not exempt a municipality from the |
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prohibition described by Subsection (a) by an executive order |
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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 obtain a permit in violation of Subsection (a) may bring |
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an action against the municipality that violated that subsection |
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for damages incurred due to the violation. The owner may recover |
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reasonable attorney's fees and litigation costs if the owner |
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prevails in the action. Governmental immunity of the municipality |
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to suit and from liability is waived to the extent of liability |
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created by this subsection. |
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SECTION 2. Subchapter Z, Chapter 233, Local Government |
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Code, is amended by adding Section 233.902 to read as follows: |
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Sec. 233.902. REPAIRS TO VACANT RESIDENTIAL BUILDINGS. (a) |
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A county may not adopt or enforce an order or other regulation that |
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requires an owner of a vacant residential building to obtain a |
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permit to conduct repairs to the building if the repairs are |
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necessary to: |
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(1) protect public safety; or |
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(2) prevent further damage to the building. |
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(b) The governor may not exempt a county from the |
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|
prohibition described by Subsection (a) by an executive order |
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|
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 obtain a permit in violation of Subsection (a) may bring |
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an action against the county that violated that subsection for |
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|
damages incurred due to the violation. The owner may recover |
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|
reasonable attorney's fees and litigation costs if the owner |
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prevails in the action. Governmental immunity of the county to suit |
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and from liability is waived to the extent of liability created by |
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this subsection. |
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SECTION 3. 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. |