Bill Text: TX HB2757 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to authorizing a municipality to file a lien on homestead property for the costs incurred by the municipality related to a dangerous structure on the property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-07 - Referred to Intergovernmental Relations [HB2757 Detail]
Download: Texas-2013-HB2757-Introduced.html
83R6031 NC-D | ||
By: Bonnen of Brazoria | H.B. No. 2757 |
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relating to authorizing a municipality to file a lien on homestead | ||
property for the costs incurred by the municipality related to a | ||
dangerous structure on the property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 214.001(n), Local Government Code, is | ||
amended to read as follows: | ||
(n) If a municipality incurs expenses under Subsection (m), | ||
the municipality may assess the expenses on, and the municipality | ||
has a lien against, [ |
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located. The lien is extinguished if the property owner or another | ||
person having an interest in the legal title to the property | ||
reimburses the municipality for the expenses. The lien arises and | ||
attaches to the property at the time the notice of the lien is | ||
recorded and indexed in the office of the county clerk in the county | ||
in which the property is located. The notice must contain the name | ||
and address of the owner if that information can be determined with | ||
a reasonable effort, a legal description of the real property on | ||
which the building was located, the amount of expenses incurred by | ||
the municipality, and the balance due. | ||
SECTION 2. Section 214.0015(d), Local Government Code, is | ||
amended to read as follows: | ||
(d) The municipality shall impose a lien against the land on | ||
which the building stands or stood[ |
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repair, removal, or demolition expenses or the civil penalty. | ||
Promptly after the imposition of the lien, the municipality must | ||
file for record, in recordable form in the office of the county | ||
clerk of the county in which the land is located, a written notice | ||
of the imposition of the lien. The notice must contain a legal | ||
description of the land. | ||
SECTION 3. Section 214.101(e), Local Government Code, is | ||
amended to read as follows: | ||
(e) If a municipality incurs expenses under this | ||
subchapter, the municipality may assess the expenses on, and the | ||
municipality has a lien against, [ |
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swimming pool or the enclosure or fence is situated. The lien is | ||
extinguished if the property owner or another person having an | ||
interest in the legal title to the property reimburses the | ||
municipality for the expenses. The lien arises and attaches to the | ||
property at the time the notice of the lien is recorded in the | ||
office of the county clerk in the county in which the property is | ||
situated. The notice must contain the name and address of the owner | ||
if that information can be determined with a reasonable effort, a | ||
legal description of the real property on which the swimming pool or | ||
the enclosure or fence is situated, the amount of expenses incurred | ||
by the municipality, and the balance due. The lien is a privileged | ||
lien subordinate only to tax liens and all previously recorded bona | ||
fide mortgage liens attached to the real property to which the | ||
municipality's lien attaches. | ||
SECTION 4. This Act takes effect January 1, 2014, but only | ||
if the constitutional amendment proposed by the 83rd Legislature, | ||
Regular Session, 2013, authorizing the foreclosure of a lien | ||
against homestead property for costs incurred by a municipality to | ||
vacate, secure, repair, remove, or demolish a dangerous structure | ||
on the homestead property is approved by the voters. If that | ||
amendment is not approved by the voters, this Act has no effect. |