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.