HBA-BSM H.B. 2270 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2270
By: Bailey
Judicial Affairs
7/25/2001
Enrolled


BACKGROUND AND PURPOSE 

In August 1999, the Fifth Circuit Court of Appeals, in Freeman v. City of
Dallas affirmed a federal trial court's decision that a judicial seizure
warrant based on probable cause is required by the Fourth Amendment to the
United States Constitution before an order of demolition issued by the
Urban Rehabilitation Standards Board of the City of Dallas may be executed.
The plaintiff was awarded damages because of the unlawful seizure. Based on
this ruling, Houston curtailed its demolition of  dangerous structures and
removal of  junked vehicles without a seizure warrant. Litigation has
delayed the process of demolishing dangerous buildings that constitute a
public safety hazard.  In February 2001, the Fifth Circuit Court of Appeals
revisited the case and reversed its decision and held in favor of the City
of Dallas.  The City of Houston may be subject to damage claims if the case
is appealed to the United States Supreme Court and reversed in favor of the
plaintiff.  House Bill 2270 authorizes the governing body of a municipality
by ordinance to provide that the municipal court of record has civil
jurisdiction for the purpose of enforcing dangerous structure and junked
vehicle ordinances and has concurrent jurisdiction with a district court or
a county court at law for the purpose of enforcing health and safety or
nuisance abatement ordinances. 

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. 

ANALYSIS

House Bill 2270 amends the Government Code to authorize the governing body
of a municipality by ordinance to provide that the municipal court of
record (court) has civil jurisdiction for the purpose of enforcing
dangerous structure and junked vehicle ordinances.  The bill provides that
the court  has concurrent jurisdiction with a district court or a county
court at law under provisions regarding municipal health and safety
ordinances within the municipality's territorial limits and property owned
by the municipality located in the municipality's extraterritorial
jurisdiction for the purpose of enforcing health and safety and nuisance
abatement ordinances. The bill  authorizes  the court to issue search
warrants for the purpose of investigating a health and safety or nuisance
abatement ordinance violation and seizure warrants for the purpose of
securing, removing, or demolishing the offending property and removing the
debris from the premises. 

EFFECTIVE DATE

September 1, 2001.