Bill Text: TX HB608 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to substandard residential building fines issued by certain municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Referred to Urban Affairs [HB608 Detail]
Download: Texas-2019-HB608-Introduced.html
| 86R4387 TJB-D | ||
| By: Thierry | H.B. No. 608 | |
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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 214.907 to read as follows: | ||
| Sec. 214.907. 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 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 | ||
| amount of the fine. 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. The lien is | ||
| extinguished if the property owner or another person having an | ||
| interest in the legal title to the property 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 | ||
| 214.907, 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, 2019. | ||
