HBA-NLM S.B. 1268 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1268
By: Ellis
Urban Affairs
5/11/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a municipality does not have specific authority to send a notice
of nuisance to a property owner's address, which is supplied by the
appraisal district.  Further, some property owners do not accept certified
mail, causing the mail to be returned as refused or unclaimed.  S.B. 1268
authorizes a municipality to send a notice of a nuisance violation to the
address listed in the property owner's appraisal district record, and
provides that notices returned to a municipality by the U.S. Postal Service
marked refused or unclaimed are considered delivered. 

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, by amending
Subsection (b) and adding a new Subsection (c), as follows: 

(b) Provides that the nuisance notice required by this section must be
given by letter addressed to the owner at the owner's address, rather than
the owner's post office address, as recorded in the appraisal district
records of the appraisal district in which the property is located.   

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

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

SECTION 3.  Emergency clause.