HBA-KMH C.S.H.B. 1891 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1891
By: Giddings
Urban Affairs
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, municipalities face some difficulty in ensuring clean and
healthy neighborhoods. C.S.H.B. 1891 establishes a civil adjudication
process for the handling of code enforcement violations.  This bill also
allows cities to better address problems such as high weeds, litter, unsafe
buildings, junked motor vehicles, and other matters relating to the
preservation of public and fire safety. 

In addition, C.S.H.B. 1891 provides for personal delivery of notices by
municipalities regarding violations of ordinances and public nuisances, as
well as decreasing the time period that violations may continue after
notice has been given before further action by the municipality is
authorized. This bill also provides for a shorter time period for a vehicle
to remain inoperable before it legally becomes a "junked vehicle."
Furthermore, this bill provides for hearing and appeal procedures for
certain administrative adjudications. 

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, to decrease to
seven days, rather than 10, the period of time in which an owner of
property must come into compliance under this chapter before provisions of
the section authorize a municipality to act against the owner.  Deletes and
exception to the provision that notice under this section can be posted on
a placard attached to a stake driven into the ground only if the property
contains no buildings.  Provides that the notice under this section is
personally delivered or sent.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Subchapter A, Chapter 54, Local Government Code, by
adding Section 54.0045, as follows: 

Sec.  54.0045.  NOTICE FOR VIOLATIONS OF CERTAIN HEALTH AND SAFETY
ORDINANCES.  (a) Provides that a municipality must exercise due diligence
to determine the identity and address of the owner, lienholder, or
mortgagee, in enforcing an ordinance requiring notification of certain
parties. 

(b) Sets forth the records to be searched by that satisfy a municipality's
exercise of due diligence under this section. 

(c) Provides that the validity of a notice is not affected if mailed in
accordance with this section and the notice is returned via U.S. Postal
Service as "refused" or "unclaimed." Provides that such notice is
considered as delivered. 

SECTION 3.  Amends Sections 54.035(a) and (b), Local Government Code, to
provide a notice that is personally delivered must be delivered on or
before the fifth day before the date of the proceeding. Makes conforming
and nonsubstantive changes. 

 SECTION 4.  Amends Section 54.039(a), Local Government Code, to provide
that the notice under this section is personally delivered or sent. 

SECTION 5.  Amends Subchapter C, Chapter 54, Local Government Code, by
adding Section 54.020, as follows: 

Sec.  54.020.  ALTERNATIVE ENFORCEMENT PROCEDURES.  Authorizes a
municipality to adopt a procedure for an administrative adjudication
hearing under which an administrative penalty is authorized to be imposed
for the enforcement of an ordinance described by Section 54.012 (Civil
Action), as an alternative to the enforcement process described by this
subchapter (Municipal Health and Safety Ordinances). 

(b) Provides that the procedure under this section must entitle the person
charged with violating an ordinance to a hearing.  Sets forth provisions
the procedure must include. 

(c) Authorizes a municipal court to enforce an order of a hearing officer
compelling the attendance of a witness or the production of a document. 

(d) Sets forth provisions that must be included in a citation or summons
issued as part of a procedure adopted under this section. 

(e) Requires the original or a copy of the summons or citation to be kept
as a record in the ordinary course of business of the municipality and
provides that the citation or summons is rebuttable proof of the facts it
states. 

(f) Provides that the person who issued the citation or summons is not
required to attend a hearing under this section. 

(g) Provides that a person charged with violating an ordinance who fails to
appear at a hearing authorized under this section is considered to admit
liability for the violation charged. 

(h) Requires the hearing officer at the hearing to issue an order stating
whether the person charged with violating an ordinance is liable for the
violation, the amount of a penalty, cost, or fee assessed against the
person, the deadline for payment, and, if applicable, the date by which the
person must comply with the ordinance. 

(i) Authorizes an order issued under this section to be filed with the
clerk or secretary of the municipality.  Requires the clerk or secretary to
keep the order in a separate index and file.  Authorizes the order to be
recorded using microfilm, microfiche, or data processing techniques. 

(j) Authorizes an order under this section to be enforced by filing a civil
suit for the collection of a penalty assessed against the person and
obtaining an injunction prescribing action to be taken or discontinued in
accordance with the ordinance. 

(k) Authorizes the person to appeal the determination of a hearing officer
by filing a petition in municipal court before the 31st day after the date
the hearing officer's determination is filed.  Provides that an appeal does
not stay enforcement and collection of the judgment unless the person,
before filing the appeal, posts a supersedeas bond. 

SECTION 6.  Amends Section 214.001(d), (g), and (p), Local Government Code,
as follows: 

(d) Provides that the notice under this section is personally delivered or
sent by certified mail, return receipt requested.. 

(g) Provides that the notice under this section is personally delivered or
sent. 

(p) Authorizes a hearing under this section to additionally be held  by an
administrative  hearing officer or a panel of not more than 12 members
appointed by the governing body of the municipality. 

SECTION 7.  Amends Section 214.0012(a), Local Government Code, to provide
that the notice under this section is personally delivered or sent. 

SECTION 8.  Amends Section 683.071, Transportation Code, to redefine
"junked vehicle" for purposes of this chapter to include a vehicle that has
remained inoperable for more than 21 days, rather than 45 days. 

SECTION 9.  Amends Section 683.075, Transportation Code, to provide that
the procedures for the abatement and removal of a public nuisance under
this subchapter must provide not less than seven days' notice, rather than
10 days, of the nature of the nuisance. Provides that the notice under this
section must be personally delivered or sent.  Decreases to seven days,
rather than 10, the period of time in which an owner of property must
remove a nuisance under this chapter.  Authorizes notice to the last known
registered owner if the owner can not be located.  Provides that an action
to abate the cause, if notice is returned undeliverable, is continued to a
date not earlier than the eighth day, rather than the eleventh day, after
the date of return. 

SECTION 10.  Makes application of this Act prospective.

SECTION 11.  Effective date: September 1, 1999.

SECTION 12.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1891 modifies the original in SECTION 3 by providing in Section
54.035(b) that a notice that is personally delivered must be delivered on
or before the fifth day before the date of the proceeding, rather than
requiring notice to be personally delivered or mailed and posted before the
10th day before the date of the hearing.  The substitute makes conforming
and nonsubstantive changes. 

C.S.H.B. 1891 modifies the original in SECTION 5 by adding proposed new
Section 54.020, rather than Section 54.044, Local Government Code.  The
substitute modifies the title from the originally proposed section, to
read, "Alternative Enforcement Procedures," rather than "Alternative
Hearing Procedures."  

The substitute also modifies the original in SECTION 5 by providing in
Section 54.020(d)(2) that the citation or summons must provide the date, in
addition to the time and place of the hearing.  In Sections 54.020(h)(2)
and (3) the substitute requires the order issued by the hearing officer to
state the deadline for payment of a penalty, cost, or fee assessed against
the person and, if applicable, the date by which the person must comply
with the ordinance.