Bill Text: TX SB1087 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the authority of certain municipalities to file a lien for the costs of abatement of a floodplain ordinance violation; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-29 - Committee report printed and distributed [SB1087 Detail]
Download: Texas-2013-SB1087-Comm_Sub.html
By: Campbell | S.B. No. 1087 | |
(In the Senate - Filed March 5, 2013; March 12, 2013, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; April 29, 2013, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 5, Nays 0; | ||
April 29, 2013, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1087 | By: Garcia |
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relating to the authority of certain municipalities to file a lien | ||
for the costs of abatement of a floodplain ordinance violation; | ||
providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 54.012, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 54.012. CIVIL ACTION. (a) A municipality may bring a | ||
civil action for the enforcement of an ordinance: | ||
(1) for the preservation of public safety, relating to | ||
the materials or methods used to construct a building or other | ||
structure or improvement, including the foundation, structural | ||
elements, electrical wiring or apparatus, plumbing and fixtures, | ||
entrances, or exits; | ||
(2) relating to the preservation of public health or | ||
to the fire safety of a building or other structure or improvement, | ||
including provisions relating to materials, types of construction | ||
or design, interior configuration, illumination, warning devices, | ||
sprinklers or other fire suppression devices, availability of water | ||
supply for extinguishing fires, or location, design, or width of | ||
entrances or exits; | ||
(3) for zoning that provides for the use of land or | ||
classifies a parcel of land according to the municipality's | ||
district classification scheme; | ||
(4) establishing criteria for land subdivision or | ||
construction of buildings, including provisions relating to street | ||
width and design, lot size, building width or elevation, setback | ||
requirements, or utility service specifications or requirements; | ||
(5) implementing civil penalties under this | ||
subchapter for conduct classified by statute as a Class C | ||
misdemeanor; | ||
(6) relating to dangerously damaged or deteriorated | ||
structures or improvements; | ||
(7) relating to conditions caused by accumulations of | ||
refuse, vegetation, or other matter that creates breeding and | ||
living places for insects and rodents; | ||
(8) relating to the interior configuration, design, | ||
illumination, or visibility of business premises exhibiting for | ||
viewing by customers while on the premises live or mechanically or | ||
electronically displayed entertainment intended to provide sexual | ||
stimulation or sexual gratification; or | ||
(9) relating to point source effluent limitations or | ||
the discharge of a pollutant, other than from a non-point source, | ||
into a sewer system, including a sanitary or storm water sewer | ||
system, owned or controlled by the municipality. | ||
(b) A municipality that contains more than 75 percent of the | ||
population of a county with a population of 1.5 million or more may | ||
bring a civil action for the enforcement of an ordinance relating to | ||
floodplain control and administration, including an ordinance | ||
regulating the placement of a structure, fill, or other materials | ||
in a designated floodplain. | ||
SECTION 2. Subchapter B, Chapter 54, Local Government Code, | ||
is amended by adding Section 54.020 to read as follows: | ||
Sec. 54.020. ABATEMENT OF FLOODPLAIN VIOLATION IN CERTAIN | ||
MUNICIPALITIES; LIEN. (a) This section applies only to a | ||
municipality that contains more than 75 percent of the population | ||
of a county with a population of 1.5 million or more. | ||
(b) In addition to any necessary and reasonable actions | ||
authorized by law, a municipality may abate a violation of a | ||
floodplain management ordinance by causing the work necessary to | ||
bring real property into compliance with the ordinance, including | ||
the repair, removal, or demolition of a structure, fill, or other | ||
material illegally placed in the area designated as a floodplain, | ||
if: | ||
(1) the municipality gives the owner reasonable notice | ||
and opportunity to comply with the ordinance; and | ||
(2) the owner of the property fails to comply with the | ||
ordinance. | ||
(c) The municipality may assess the costs incurred by the | ||
municipality under Subsection (b) against the property. The | ||
municipality has a lien on the property for the costs incurred and | ||
for interest accruing at the annual rate of 10 percent on the amount | ||
due until the municipality is paid. | ||
(d) The municipality may perfect the lien by filing written | ||
notice of the lien with the county clerk of the county in which the | ||
property is located. The notice of lien must be in recordable form | ||
and must state the name of each property owner, if known, the legal | ||
description of the property, and the amount due. | ||
(e) The municipality's lien is inferior to any previously | ||
recorded bona fide mortgage lien attached to the real property to | ||
which the municipality's lien attaches, if the mortgage lien was | ||
filed for record before the date the municipality files the notice | ||
of lien with the county clerk. The municipality's lien is superior | ||
to all other previously recorded judgment liens. | ||
SECTION 3. This Act takes effect September 1, 2013. | ||
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