Bill Text: TX HB2477 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to substandard residential building fines issued by certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-16 - Referred to Urban Affairs [HB2477 Detail]
Download: Texas-2021-HB2477-Introduced.html
87R8535 SMT-D | ||
By: Thierry | H.B. No. 2477 |
|
||
|
||
relating to substandard residential building fines issued by | ||
certain municipalities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter Z, Chapter 214, Local Government | ||
Code, is amended by adding Section 214.908 to read as follows: | ||
Sec. 214.908. SUBSTANDARD RESIDENTIAL BUILDING FINE ISSUED | ||
BY CERTAIN MUNICIPALITIES. (a) This section applies only to a | ||
municipality located in a county with a population of 3.3 million or | ||
more. | ||
(b) In this section: | ||
(1) "Residential building" means: | ||
(A) a single-family residential building leased | ||
or rented by the owner of the building to another person; or | ||
(B) a multifamily residential building | ||
containing more than one dwelling unit leased or rented by the owner | ||
of the building to another person. | ||
(2) "Substandard residential building" means a | ||
residential building that is: | ||
(A) dilapidated or unfit for human habitation; | ||
and | ||
(B) a hazard to the public health, safety, or | ||
welfare. | ||
(3) "Substandard residential building fine" means a | ||
fine or penalty imposed by a municipality on the owner of a | ||
substandard residential building under a municipal ordinance | ||
applicable to the condition of the building. | ||
(c) An owner of a substandard residential building is | ||
personally liable for the payment of a substandard residential | ||
building fine imposed for the owner's building. | ||
(d) A municipality may file a lien in the manner prescribed | ||
by this section on the property on which a substandard residential | ||
building is located, and for which the owner has received a | ||
substandard residential building fine, for the total amount of all | ||
outstanding substandard residential building fines issued for the | ||
property. | ||
(e) Before a municipality may file a lien on property under | ||
this section, the municipality shall provide written notice to the | ||
owner of the property. The municipality must provide the notice not | ||
earlier than the 30th day after the date the total amount of | ||
outstanding substandard residential building fines issued for the | ||
property first equals or exceeds $2,500. The municipality must | ||
provide the notice in person or by mail or, if personal service | ||
cannot be obtained and the address of the owner of the property is | ||
not known, by posting a copy of the notice conspicuously at the | ||
property. The notice must state: | ||
(1) the total amount of unpaid substandard residential | ||
building fines issued for the property; | ||
(2) that the municipality will not file the lien | ||
before the 31st day after the date the notice is provided under this | ||
subsection; and | ||
(3) that the property owner is entitled to submit a | ||
written request for a hearing before the 31st day after the date the | ||
notice is provided under this subsection. | ||
(f) A hearing requested under Subsection (e) may be | ||
conducted by the governing body of the municipality or by a board, | ||
commission, or municipal officer designated by the governing body. | ||
At the end of the hearing, the entity or officer that conducted the | ||
hearing shall authorize the municipality to file the lien or | ||
determine that the municipality may not file the lien. The | ||
municipality may not file the lien if the entity or officer | ||
determines that the municipality may not file the lien. If a | ||
property owner does not request a hearing, the municipality may | ||
file the lien on or after the 31st day after the date the | ||
municipality provides the notice as required by Subsection (e). | ||
(g) The lien arises and attaches to the property at the time | ||
the notice of the lien is recorded and indexed in the office of the | ||
county clerk in the county in which the property is located. The | ||
notice must contain the name and address of the owner if that | ||
information can be determined with reasonable effort, a legal | ||
description of the property, and the amount of the unpaid balance of | ||
the fine imposed by the municipality. | ||
(h) The lien is extinguished if the property owner or | ||
another person pays the fine. The lien is inferior to any | ||
previously recorded bona fide mortgage lien attached to the | ||
property to which the municipality's lien attaches if the mortgage | ||
lien was filed for record in the office of the county clerk of the | ||
county in which the property is located before the date the fine was | ||
imposed by the municipality. The municipality's lien is superior to | ||
all other previously recorded judgment liens. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a substandard residential building fine, as defined by Section | ||
214.908, Local Government Code, as added by this Act, that is issued | ||
by a municipality on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |