HBA-TYH H.B. 1110 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1110
By: Smith
Urban Affairs
6/1/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, state law allowed municipal code violators
to leave their property in a nonconforming status for 10 days, which may
have an adverse impact on property values.  In addition, the 10-day limit
curtailed a local government's right to control municipal code violations.
However, some small towns only have newspapers that print once a week.
H.B. 1110 authorizes local governments to take action to clean up property
within seven days of sending the notice of violation to the property owner,
provides that the notice must be given by letter addressed to the owner at
the owner's address as recorded in the appraisal district records of the
appraisal district in which the property is located, changes the
publication requirement from twice within 10 consecutive days to only
requiring a one time publication, and authorizes a municipality, in a
notice provided under this section, to inform the owner by regular mail and
a posting on the property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 342.006, Health and Safety Code, as follows: 

Section 342.006.  WORK OR IMPROVEMENTS BY MUNICIPALITY; NOTICE.  (a)
Authorizes a municipality to perform the enumerated tasks, if the owner of
property in the municipality does not comply with a municipal ordinance or
requirement under this chapter within seven, rather than 10, days of notice
of a violation.   

(b)  Provides that the notice must be given: 

_by letter addressed to the owner at the owner's address, rather than post
office address, as recorded in the appraisal district records of the
appraisal district in which the property is located; or   

_by publication at least once,  rather than twice within 10 consecutive
days, if the notice cannot be personally delivered, rather than if the
service cannot be obtained or the owner's post office address is unknown,
among other methods of notification. 

(c)  Provides that if a municipality mails a notice to a property owner in
accordance with Subsection (b), and the United Stated Postal Service
returns the notice as "refused" or "unclaimed," the validity of the notice
is not affected, and the notice is considered as delivered. 

(d)  Authorizes a municipality, in a notice provided under this section to
inform the owner by regular mail, rather than return receipt requested
certified mail, and a posting on the property which specifies certain
information.  Makes a substantive change. 

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.