HBA-MPA C.S.H.B. 2310 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2310
By: Puente
Urban Affairs
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the law mandates a 10-day and a one-year notification period
which permits property owners who are cited for violations to come into
compliance.  Section 342.006(b) (Works or Improvements by Municipality;
Notice), Health and Safety Code, allows the 10-day notice to be given to
the owner personally in writing, by mailed letter, or by publication and
posting on the premises if the owner's location is unknown or unreachable.
Section 342.006(c) allows a municipality to warn the owner that any similar
violations occurring within the following one-year period will be abated
without further notice.  However, the one-year period may only be given by
certified mail to the owner and is valid only when a receipt has been
returned and signed by the property owner.  This requirement renders the
one-year notice ineffective in cases of missing owners or owners who refuse
the certified mailing. 

C.S.H.B. 2310 allows the one-year notification to be served upon the owner
by regular mail and a posting on the property allowing municipalities to
abate repeated violations more easily. 

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(c), Health and Safety Code, to authorize
a municipality to inform the owner of property in the municipality in a
notice provided under this section by regular, rather than  certified, mail
and a posting on the property that if the owner commits another similar
violation the municipality, without further notice, may correct the
violation at the owner's expense. Makes conforming and nosubstantive
changes. 

SECTION 2.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2310 differs from the original bill in SECTION 1 by restoring the
words "by" and "mail," deleted from Section 342.006(c), Health and Safety
Code, in the original bill and adding the word "regular" and the phrase
"and posting on the property," so that  in a notice regarding violations of
certain municipal ordinances a municipality may inform the owner by regular
mail and a posting on the property.