HBA-GUM H.B. 3605 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3605
By: Uresti
Urban Affairs
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Current law establishes graffiti as an offense, provides consequences for
engaging in conduct described as the offense, and regulates customer access
to aerosol paint.  H.B. 3605 amends the Local Government Code to declare
graffiti to be a nuisance and to authorize a municipality to create a lien
as security for expenses incurred in the abatement of graffiti. 

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 Chapter 217, Local Government Code, by adding Subchapter
D, as follows: 

SUBCHAPTER D.  REGULATION OF GRAFFITI

Sec. 217.061.  DEFINITION.  Defines "graffiti."

Sec. 217.062.  GRAFFITI AS NUISANCE; ABATEMENT.  Authorizes the governing
body of a municipality to declare graffiti to be a nuisance, abate graffiti
following the procedural requirements provided for the abatement of other
nuisances; and assess an expense incurred in the abatement of graffiti
against the owner of the real property on which the graffiti is located. 

Sec.  217.063.  LIEN FOR COST OF ABATEMENT.  (a)  Authorizes a municipality
to impose a lien for an expense incurred under Section 217.062 (Graffiti As
Nuisance; Abatement) on the real property on which the graffiti is located,
unless the property is protected under Section 50 (Homestead; protection
from forced sale; mortgages, trust deeds and liens), Article XVI, Texas
Constitution. 

(b)  Provides that the lien is created when the governing body of a
municipality files notice of the lien with the designated county clerk.
Requires the lien to state the name of the owner, if known, and provide a
legal description of the real property. 

(c)  Provides that the lien is security for the expenses incurred and for
interest accruing at a rate of 10 percent on the amount due from the date
of payment by the municipality. 

(d)  Provides that a lien under this section is inferior only to tax liens
and liens for street improvements. 

(e)  Authorizes the governing body of the municipality imposing the lien to
bring a suit for foreclosure in the name of the municipality to recover the
expenses and interest due. 

(f)  Provides that the statement of expenses or a certified copy of the
statement is prima facie proof of the expenses the municipality incurred in
abating the graffiti. 

 SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.