HBA-DMD H.B. 2374 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2374
By: Burnam
Urban Affairs
3/22/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, when a building is identified as substandard the owner
is allowed to submit an action plan to the municipality detailing the
amount of time needed to rectify the problem, but does not require the
owner to post a form of security to back the action plan. When an owner
fails to comply with the plan, the municipality is forced to take action,
which generally requires the expenditure of municipal funds.  

H.B. 2374 authorizes a municipality to require owners, lienholders, or
mortgagees of buildings to post a cash or surety bond to cover the costs of
repair or for relocating the building's occupants.  

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 214.001(l), Local Government Code, to authorize
a municipality to require the owner, lienholder, or mortgagee of record of
a building under the provisions of this chapter, to post a cash or surety
bond in order to cover the costs for the security or repair of the building
to ensure that the municipality does not incur expenses for vacating,
securing, removing, or demolishing the building or relocating the
building's occupants because of the failure of the owner, lienholder, or
mortgagee of record to comply with the ordinance and perform the work in
the allotted time. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.