Bill Text: TX HB3871 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to substandard residential building fines issued by certain municipalities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2017-05-17 - Referred to Business & Commerce [HB3871 Detail]
Download: Texas-2017-HB3871-Engrossed.html
| By: Thierry | H.B. No. 3871 | |
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| 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 214.906 to read as follows: | ||
| Sec. 214.906. 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 | ||
| 214.906, 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, 2017. | ||
