CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES

Statutes > Texas Statutes > LOCAL GOVERNMENT CODE > TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES > CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY

CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES

SUBCHAPTER A. DANGEROUS STRUCTURES

Sec. 214.001. AUTHORITY REGARDING SUBSTANDARD BUILDING. (a) A

municipality may, by ordinance, require the vacation, relocation

of occupants, securing, repair, removal, or demolition of a

building that is:

(1) dilapidated, substandard, or unfit for human habitation and

a hazard to the public health, safety, and welfare;

(2) regardless of its structural condition, unoccupied by its

owners, lessees, or other invitees and is unsecured from

unauthorized entry to the extent that it could be entered or used

by vagrants or other uninvited persons as a place of harborage or

could be entered or used by children; or

(3) boarded up, fenced, or otherwise secured in any manner if:

(A) the building constitutes a danger to the public even though

secured from entry; or

(B) the means used to secure the building are inadequate to

prevent unauthorized entry or use of the building in the manner

described by Subdivision (2).

(b) The ordinance must:

(1) establish minimum standards for the continued use and

occupancy of all buildings regardless of the date of their

construction;

(2) provide for giving proper notice, subject to Subsection

(b-1), to the owner of a building; and

(3) provide for a public hearing to determine whether a building

complies with the standards set out in the ordinance.

(b-1) For a condominium, as defined by Section 81.002 or 82.003,

Property Code, located wholly or partly in a municipality with a

population of more than 1.9 million, notice to a unit owner in

accordance with Section 82.118, Property Code, and notice to the

registered agent for the unit owners' association in the manner

provided for service of process to a condominium association

under Section 54.035(a-1) satisfy the notice requirements under

this section.

mortgagee under this section must include a statement that the

owner, lienholder, or mortgagee will be required to submit at the

hearing proof of the scope of any work that may be required to

comply with the ordinance and the time it will take to reasonably

perform the work.

(d) After the public hearing, if a building is found in

violation of standards set out in the ordinance, the municipality

may order that the building be vacated, secured, repaired,

removed, or demolished by the owner within a reasonable time as

provided by this section. The municipality also may order that

the occupants be relocated within a reasonable time. If the

owner does not take the ordered action within the allotted time,

the municipality shall make a diligent effort to discover each

mortgagee and lienholder having an interest in the building or in

the property on which the building is located. The municipality

shall personally deliver, send by certified mail with return

receipt requested, or deliver by the United States Postal Service

using signature confirmation service, to each identified

mortgagee and lienholder a notice containing:

(1) an identification, which is not required to be a legal

description, of the building and the property on which it is

located;

(2) a description of the violation of municipal standards that

is present at the building; and

(3) a statement that the municipality will vacate, secure,

remove, or demolish the building or relocate the occupants of the

building if the ordered action is not taken within a reasonable

time.

(e) As an alternative to the procedure prescribed by Subsection

(d), the municipality may make a diligent effort to discover each

mortgagee and lienholder before conducting the public hearing and

may give them a notice of and an opportunity to comment at the

hearing. In addition, the municipality may file notice of the

hearing in the Official Public Records of Real Property in the

county in which the property is located. The notice must contain

the name and address of the owner of the affected property if

that information can be determined, a legal description of the

affected property, and a description of the hearing. The filing

of the notice is binding on subsequent grantees, lienholders, or

other transferees of an interest in the property who acquire such

interest after the filing of the notice, and constitutes notice

of the hearing on any subsequent recipient of any interest in the

property who acquires such interest after the filing of the

notice. If the municipality operates under this subsection, the

order issued by the municipality may specify a reasonable time as

provided by this section for the building to be vacated, secured,

repaired, removed, or demolished by the owner or for the

occupants to be relocated by the owner and an additional

reasonable time as provided by this section for the ordered

action to be taken by any of the mortgagees or lienholders in the

event the owner fails to comply with the order within the time

provided for action by the owner. Under this subsection, the

municipality is not required to furnish any notice to a mortgagee

or lienholder other than a copy of the order in the event the

owner fails to timely take the ordered action.

(f) Within 10 days after the date that the order is issued, the

municipality shall:

(1) file a copy of the order in the office of the municipal

secretary or clerk, if the municipality has a population of 1.9

million or less; and

(2) publish in a newspaper of general circulation in the

municipality in which the building is located a notice

containing:

(A) the street address or legal description of the property;

(B) the date of the hearing;

(D) instructions stating where a complete copy of the order may

be obtained.

(g) After the hearing, the municipality shall promptly mail by

certified mail with return receipt requested, deliver by the

United States Postal Service using signature confirmation

service, or personally deliver a copy of the order to the owner

of the building and to any lienholder or mortgagee of the

building. The municipality shall use its best efforts to

determine the identity and address of any owner, lienholder, or

mortgagee of the building.

(h) In conducting a hearing authorized under this section, the

municipality shall require the owner, lienholder, or mortgagee of

the building to within 30 days:

(1) secure the building from unauthorized entry; or

(2) repair, remove, or demolish the building, unless the owner

or lienholder establishes at the hearing that the work cannot

reasonably be performed within 30 days.

(i) If the municipality allows the owner, lienholder, or

mortgagee more than 30 days to repair, remove, or demolish the

building, the municipality shall establish specific time

schedules for the commencement and performance of the work and

shall require the owner, lienholder, or mortgagee to secure the

property in a reasonable manner from unauthorized entry while the

work is being performed, as determined by the hearing official.

(j) A municipality may not allow the owner, lienholder, or

mortgagee more than 90 days to repair, remove, or demolish the

building or fully perform all work required to comply with the

order unless the owner, lienholder, or mortgagee:

(1) submits a detailed plan and time schedule for the work at

the hearing; and

(2) establishes at the hearing that the work cannot reasonably

be completed within 90 days because of the scope and complexity

of the work.

(k) If the municipality allows the owner, lienholder, or

mortgagee more than 90 days to complete any part of the work

required to repair, remove, or demolish the building, the

municipality shall require the owner, lienholder, or mortgagee to

regularly submit progress reports to the municipality to

demonstrate compliance with the time schedules established for

commencement and performance of the work. The order may require

that the owner, lienholder, or mortgagee appear before the

hearing official or the hearing official's designee to

demonstrate compliance with the time schedules. If the owner,

lienholder, or mortgagee owns property, including structures or

improvements on property, within the municipal boundaries that

exceeds $100,000 in total value, the municipality may require the

owner, lienholder, or mortgagee to post a cash or surety bond in

an amount adequate to cover the cost of repairing, removing, or

demolishing a building under this subsection. In lieu of a bond,

the municipality may require the owner, lienholder, or mortgagee

to provide a letter of credit from a financial institution or a

guaranty from a third party approved by the municipality. The

bond must be posted, or the letter of credit or third party

guaranty provided, not later than the 30th day after the date the

municipality issues the order.

(l) In a public hearing to determine whether a building complies

with the standards set out in an ordinance adopted under this

section, the owner, lienholder, or mortgagee has the burden of

proof to demonstrate the scope of any work that may be required

to comply with the ordinance and the time it will take to

reasonably perform the work.

(m) If the building is not vacated, secured, repaired, removed,

or demolished, or the occupants are not relocated within the

allotted time, the municipality may vacate, secure, remove, or

demolish the building or relocate the occupants at its own

expense. This subsection does not limit the ability of a

municipality to collect on a bond or other financial guaranty

that may be required by Subsection (k).

(n) If a municipality incurs expenses under Subsection (m), the

municipality may assess the expenses on, and the municipality has

a lien against, unless it is a homestead as protected by the

Texas Constitution, the property on which the building was

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.

(o) If the notice is given and the opportunity to relocate the

tenants of the building or to repair, remove, or demolish the

building is afforded to each mortgagee and lienholder as

authorized by Subsection (d), (e), or (g), the lien is a

privileged lien subordinate only to tax liens.

(p) A hearing under this section may be held by a civil

municipal court.

(q) A municipality satisfies the requirements of this section to

make a diligent effort, to use its best efforts, or to make a

reasonable effort to determine the identity and address of an

owner, a lienholder, or a mortgagee if the municipality searches

the following records:

(1) county real property records of the county in which the

building is located;

(2) appraisal district records of the appraisal district in

which the building is located;

(3) records of the secretary of state;

(4) assumed name records of the county in which the building is

located;

(5) tax records of the municipality; and

(6) utility records of the municipality.

(r) When a municipality mails a notice in accordance with this

section to a property owner, lienholder, mortgagee, or registered

agent and the United States Postal Service returns the notice as

"refused" or "unclaimed," the validity of the notice is not

affected, and the notice is considered delivered.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(j), eff. Aug. 28,

1989; Acts 1989, 71st Leg., ch. 743, Sec. 1, eff. Aug. 28, 1989;

Acts 1993, 73rd Leg., ch. 836, Sec. 10, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 359, Sec. 1, eff. Aug. 28, 1995; Acts 1997,

75th Leg., ch. 362, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th

Leg., ch. 357, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,

ch. 413, Sec. 10, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.

701, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

370, Sec. 3, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1323, Sec. 5, eff. September 1, 2009.

Sec. 214.0011. ADDITIONAL AUTHORITY TO SECURE SUBSTANDARD

BUILDING. (a) A municipality by ordinance may establish minimum

standards for the use and occupancy of buildings in the

municipality regardless of the date of their construction and may

adopt other ordinances as necessary to carry out this section.

(b) The municipality may secure a building the municipality

determines:

(1) violates the minimum standards; and

(2) is unoccupied or is occupied only by persons who do not have

a right of possession to the building.

the municipality shall give notice to the owner by:

(1) personally serving the owner with written notice;

(2) depositing the notice in the United States mail addressed to

the owner at the owner's post office address;

(3) publishing the notice at least twice within a 10-day period

in a newspaper of general circulation in the county in which the

building is located if personal service cannot be obtained and

the owner's post office address is unknown; or

(4) posting the notice on or near the front door of the building

if personal service cannot be obtained and the owner's post

office address is unknown.

(d) The notice must contain:

(1) an identification, which is not required to be a legal

description, of the building and the property on which it is

located;

(2) a description of the violation of the municipal standards

that is present at the building;

(3) a statement that the municipality will secure or has

secured, as the case may be, the building; and

(4) an explanation of the owner's entitlement to request a

hearing about any matter relating to the municipality's securing

of the building.

(e) The municipality shall conduct a hearing at which the owner

may testify or present witnesses or written information about any

matter relating to the municipality's securing of the building

if, within 30 days after the date the municipality secures the

building, the owner files with the municipality a written request

for the hearing. The municipality shall conduct the hearing

within 20 days after the date the request is filed.

(f) A municipality has the same authority to assess expenses

under this section as it has to assess expenses under Section

214.001(n). A lien is created under this section in the same

manner that a lien is created under Section 214.001(n) and is

subject to the same conditions as a lien created under that

section.

(g) The authority granted by this section is in addition to that

granted by Section 214.001.

Added by Acts 1991, 72nd Leg., ch. 13, Sec. 1, eff. April 2,

1991. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.104,

eff. Sept. 1, 2001.

Sec. 214.00111. ADDITIONAL AUTHORITY TO PRESERVE SUBSTANDARD

BUILDING AS HISTORIC PROPERTY. (a) This section applies only to

a municipality that is designated as a certified local government

by the state historic preservation officer as provided by 16

U.S.C.A. Section 470 et seq.

(b) This section does not apply to an owner-occupied,

single-family dwelling.

Section 214.001, the historic preservation board of a

municipality may review a building described by Section

214.001(a) to determine whether the building can be rehabilitated

and designated:

(1) on the National Register of Historic Places;

(2) as a Recorded Texas Historic Landmark; or

(3) as historic property through a municipal historic

designation.

(d) If a municipal historic preservation board reviews a

building, the board shall submit a written report to the

municipality indicating the results of the review conducted under

this section before a public hearing is conducted under Section

214.001.

(e) If the municipal historic preservation board report

determines that the building may not be rehabilitated and

designated as historic property, the municipality may proceed as

provided by Section 214.001.

(f) If the municipal historic preservation board report

determines that the building may be rehabilitated and designated

as historic property, the municipality may not permit the

building to be demolished for at least 90 days after the date the

report is submitted. During this 90-day period, the municipality

shall notify the owner and attempt to identify a feasible

alternative use for the building or locate an alternative

purchaser to rehabilitate and maintain the building. If the

municipality is not able to locate the owner or if the owner does

not respond within the 90-day period, the municipality may

appoint a receiver as provided by Section 214.003.

(g) The municipality may require the building to be demolished

as provided by Section 214.001 after the expiration of the 90-day

period if the municipality is not able to:

(1) identify a feasible alternative use for the building;

(2) locate an alternative purchaser to rehabilitate and maintain

the building; or

(3) appoint a receiver for the building as provided by Section

214.003.

(h) An owner of a building described by Section 214.001(a) is

not liable for penalties related to the building that accrue

during the 90-day period provided for disposition of historic

property under this section.

Added by Acts 1995, 74th Leg., ch. 158, Sec. 1, eff. Aug. 28,

1995.

Sec. 214.0012. JUDICIAL REVIEW. (a) Any owner, lienholder, or

mortgagee of record of property jointly or severally aggrieved by

an order of a municipality issued under Section 214.001 may file

in district court a verified petition setting forth that the

decision is illegal, in whole or in part, and specifying the

grounds of the illegality. The petition must be filed by an

owner, lienholder, or mortgagee within 30 calendar days after the

respective dates a copy of the final decision of the municipality

is personally delivered to them, mailed to them by first class

mail with certified return receipt requested, or delivered to

them by the United States Postal Service using signature

confirmation service, or such decision shall become final as to

each of them upon the expiration of each such 30 calendar day

period.

(b) On the filing of the petition, the court may issue a writ of

certiorari directed to the municipality to review the order of

the municipality and shall prescribe in the writ the time within

which a return on the writ must be made, which must be longer

than 10 days, and served on the relator or the relator's

attorney.

papers acted on by it, but it is sufficient for the municipality

to return certified or sworn copies of the papers or of parts of

the papers as may be called for by the writ.

(d) The return must concisely set forth other facts as may be

pertinent and material to show the grounds of the decision

appealed from and shall be verified.

(e) The issuance of the writ does not stay proceedings on the

decision appealed from.

(f) Appeal in the district court shall be limited to a hearing

under the substantial evidence rule. The court may reverse or

affirm, in whole or in part, or may modify the decision brought

up for review.

(g) Costs may not be allowed against the municipality.

(h) If the decision of the municipality is affirmed or not

substantially reversed but only modified, the district court

shall allow to the municipality all attorney's fees and other

costs and expenses incurred by it and shall enter a judgment for

those items, which may be entered against the property owners,

lienholders, or mortgagees as well as all persons subject to the

proceedings before the municipality.

Added by Acts 1993, 73rd Leg., ch. 836, Sec. 11, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 413, Sec. 12, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

370, Sec. 4, eff. June 15, 2007.

Sec. 214.0015. ADDITIONAL AUTHORITY REGARDING SUBSTANDARD

BUILDING. (a) This section applies only to a municipality that

has adopted an ordinance under Section 214.001.

(b) In addition to the authority granted to the municipality by

Section 214.001, after the expiration of the time allotted under

Section 214.001(d) or (e) for the repair, removal, or demolition

of a building, the municipality may:

(1) repair the building at the expense of the municipality and

assess the expenses on the land on which the building stands or

to which it is attached and may provide for that assessment, the

mode and manner of giving notice, and the means of recovering the

repair expenses; or

(2) assess a civil penalty against the property owner for

failure to repair, remove, or demolish the building and provide

for that assessment, the mode and manner of giving notice, and

the means of recovering the assessment.

only to the extent necessary to bring the building into

compliance with the minimum standards and only if the building is

a residential building with 10 or fewer dwelling units. The

repairs may not improve the building to the extent that the

building exceeds minimum housing standards.

(d) The municipality shall impose a lien against the land on

which the building stands or stood, unless it is a homestead as

protected by the Texas Constitution, to secure the payment of the

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.

(e) Except as provided by Section 214.001, the municipality's

lien to secure the payment of a civil penalty or the costs of

repairs, removal, or demolition is inferior to any previously

recorded bona fide mortgage lien attached to the real property to

which the municipality's lien attaches if the mortgage lien was

filed for record in the office of the county clerk of the county

in which the real property is located before the date the civil

penalty is assessed or the repair, removal, or demolition is

begun by the municipality. The municipality's lien is superior to

all other previously recorded judgment liens.

(f) Any civil penalty or other assessment imposed under this

section accrues interest at the rate of 10 percent a year from

the date of the assessment until paid in full.

(g) The municipality's right to the assessment lien may not be

transferred to third parties.

(h) In any judicial proceeding regarding enforcement of

municipal rights under this section, the prevailing party is

entitled to recover reasonable attorney's fees from the

nonprevailing party.

(i) A lien acquired under this section by a municipality for

repair expenses may not be foreclosed if the property on which

the repairs were made is occupied as a residential homestead by a

person 65 years of age or older.

(j) The municipality by order may assess and recover a civil

penalty against a property owner at the time of an administrative

hearing on violations of an ordinance, in an amount not to exceed

$1,000 a day for each violation or, if the owner shows that the

property is the owner's lawful homestead, in an amount not to

exceed $10 a day for each violation, if the municipality proves:

(1) the property owner was notified of the requirements of the

ordinance and the owner's need to comply with the requirements;

and

(2) after notification, the property owner committed an act in

violation of the ordinance or failed to take an action necessary

for compliance with the ordinance.

(k) An assessment of a civil penalty under Subsection (j) is

final and binding and constitutes prima facie evidence of the

penalty in any suit brought by a municipality in a court of

competent jurisdiction for a final judgment in accordance with

the assessed penalty.

(l) To enforce a civil penalty under this subchapter, the clerk

or secretary of the municipality must file with the district

clerk of the county in which the municipality is located a

certified copy of an order issued under Subsection (j) stating

the amount and duration of the penalty. No other proof is

required for a district court to enter a final judgment on the

penalty.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 49(a), eff. Aug. 28,

1989. Amended by Acts 1989, 71st Leg., ch. 743, Sec. 2, 3, eff.

Aug. 28, 1989; Acts 1995, 74th Leg., ch. 359, Sec. 2, eff. Aug.

28, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 12.105, eff. Sept.

1, 2001.

Sec. 214.002. REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF

BUILDING OR OTHER STRUCTURE. (a) If the governing body of a

municipality finds that a building, bulkhead or other method of

shoreline protection, fence, shed, awning, or other structure, or

part of a structure, is likely to endanger persons or property,

the governing body may:

(1) order the owner of the structure, the owner's agent, or the

owner or occupant of the property on which the structure is

located to repair, remove, or demolish the structure, or the part

of the structure, within a specified time; or

(2) repair, remove, or demolish the structure, or the part of

the structure, at the expense of the municipality, on behalf of

the owner of the structure or the owner of the property on which

the structure is located, and assess the repair, removal, or

demolition expenses on the property on which the structure was

located.

(b) The governing body shall provide by ordinance for:

(1) the assessment of repair, removal, or demolition expenses

incurred under Subsection (a)(2);

(2) a method of giving notice of the assessment; and

(3) a method of recovering the expenses.

jail, or both a person who does not comply with an order issued

under Subsection (a)(1).

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 743, Sec. 4, eff. Aug. 28,

1989; Acts 1993, 73rd Leg., ch. 219, Sec. 1, eff. Aug. 30, 1993.

Sec. 214.003. RECEIVER. (a) A home-rule municipality may bring

an action in district court against an owner of property that is

not in substantial compliance with the municipal ordinances

regarding:

(1) fire protection;

(2) structural integrity;

(3) zoning; or

(4) disposal of refuse.

(b) Except as provided by Subsection (c), the court may appoint

as a receiver for the property a nonprofit organization with a

demonstrated record of rehabilitating properties if the court

finds that:

(1) the structures on the property are in violation of the

standards set forth in Section 214.001(b) and an ordinance

described by Subsection (a);

(2) notice of violation was given to the record owner of the

property; and

(3) a public hearing as required by Section 214.001(d) has been

conducted.

subject to Section 214.00111 a nonprofit organization or an

individual with a demonstrated record of rehabilitating

historical buildings if the court finds that:

(1) the structures on the property are in violation of the

standards established under Section 214.001(b) and an ordinance

described by Subsection (a);

(2) the structure has been reviewed by the municipal historic

preservation board and the structure meets the criteria set forth

in Section 214.00111;

(3) notice of the violation was given to the record owner of the

property; and

(4) a public hearing as required by Section 214.001 has been

conducted.

(d) For the purposes of this section, if the record owner does

not appear at the hearing required by Section 214.001(d), the

hearing shall be conducted as if the owner had personally

appeared.

(e) In the action, the record owners and any lienholders of

record of the property shall be served with personal notice of

the proceedings or, if not available after due diligence, may be

served by publication. Actual service or service by publication

on the record owners or lienholders constitutes notice to all

unrecorded owners or lienholders.

(f) The court may issue, on a showing of imminent risk of injury

to any person occupying the property or a person in the

community, any mandatory or prohibitory temporary restraining

orders and temporary injunctions necessary to protect the public

health and safety.

(g) A receiver appointed by the court may:

(1) take control of the property;

(2) collect rents due on the property;

(3) make or have made any repairs necessary to bring the

property into compliance with:

(A) minimum standards in local ordinances; or

(B) guidelines for rehabilitating historic properties

established by the secretary of the interior under 16 U.S.C.A.

Section 470 et seq. or the municipal historic preservation board,

if the property is considered historic property under Section

214.00111;

(4) make payments necessary for the maintenance or restoration

of utilities to the properties;

(5) purchase materials necessary to accomplish repairs;

(6) renew existing rental contracts and leases;

(7) enter into new rental contracts and leases;

(8) affirm, renew, or enter into a new contract providing for

insurance coverage on the property; and

(9) exercise all other authority that an owner of the property

would have except for the authority to sell the property.

(h) On the completion of the restoration of the property to the

minimum code standards of the municipality or guidelines for

rehabilitating historic property, or before petitioning a court

for termination of the receivership under Subsection (l):

(1) the receiver shall file with the court a full accounting of

all costs and expenses incurred in the repairs, including

reasonable costs for labor and supervision, all income received

from the property, and, at the receiver's discretion, a

receivership fee of 10 percent of those costs and expenses;

(2) if the income exceeds the total of the cost and expense of

rehabilitation and any receivership fee, the rehabilitated

property shall be restored to the owners and any net income shall

be returned to the owners; and

(3) if the total of the costs and expenses and any receivership

fee exceeds the income received during the receivership, the

receiver may maintain control of the property until the time all

rehabilitation and maintenance costs and any receivership fee are

recovered, or until the receivership is terminated.

(h-1) A receiver shall have a lien on the property under

receivership for all of the receiver's unreimbursed costs and

expenses and any receivership fee.

(i) Any record lienholder may, after initiation of an action by

a municipality:

(1) intervene in the action; and

(2) request appointment as a receiver:

(A) under the same conditions as the nonprofit organization; and

(B) on a demonstration to the court of an ability and

willingness to rehabilitate the property.

(j) For the purposes of this section, the interests and rights

of an unrecorded lienholder or unrecorded property owner are, in

all respects, inferior to the rights of a duly appointed

receiver.

(k) The court may not appoint a receiver for any property that

is an owner-occupied, single-family residence.

(l) A receiver appointed by a district court under this section,

or the home-rule municipality that filed the action under which

the receiver was appointed, may petition the court to terminate

the receivership and order the sale of the property after the

receiver has been in control of the property for more than one

year, if an owner has been served with notice but has failed to

assume control or repay all rehabilitation and maintenance costs

and any receivership fee of the receiver.

(m) In the action, the record owners and any lienholders of

record of the property shall be served with personal notice of

the proceedings or, if not found after due diligence, may be

served by publication. Actual service or service by publication

on all record owners and lienholders of record constitutes notice

to all unrecorded owners and lienholders.

(n) The court may order the sale of the property if the court

finds that:

(1) notice was given to each record owner of the property and

each lienholder of record;

(2) the receiver has been in control of the property for more

than one year and an owner has failed to repay all rehabilitation

and maintenance costs and any receivership fee of the receiver;

and

(3) no lienholder of record has intervened in the action and

offered to repay the costs and any receivership fee of the

receiver and assume control of the property.

(o) The court shall order the sale to be conducted by the

petitioner in the same manner that a sale is conducted under

Chapter 51, Property Code. If the record owners and lienholders

are identified, notice of the date and time of the sale must be

sent in the same manner as provided by Chapter 51, Property Code.

If the owner cannot be located after due diligence, the owner

may be served notice by publication. The receiver may bid on the

property at the sale and may use a lien granted under Subsection

(h-1) as credit toward the purchase. The petitioner shall make a

report of the sale to the court.

(p) The court shall confirm the sale and order a distribution of

the proceeds of the sale in the following order:

(1) court costs;

(2) costs and expenses of the receiver, and any lien held by the

receiver; and

(3) other valid liens.

(q) Any remaining sums must be paid to the owner. If the owner

is not identified or cannot be located, the court shall order the

remaining sums to be deposited in an interest-bearing account

with the district clerk's office in the district in which the

action is pending, and the clerk shall hold the funds as provided

by other law.

(r) After the proceeds are distributed, the court shall award

fee title to the purchaser subject to any recorded bona fide

liens that were not paid by the proceeds of the sale.

Added by Acts 1989, 71st Leg., ch. 389, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 49, Sec. 1, eff. April

29, 1991; Acts 1995, 74th Leg., ch. 158, Sec. 2, eff. Aug. 28,

1995; Acts 2001, 77th Leg., ch. 1420, Sec. 12.106, eff. Sept. 1,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1341, Sec. 29, eff. September 1, 2007.

Sec. 214.0031. ADDITIONAL AUTHORITY TO APPOINT RECEIVER FOR

HAZARDOUS PROPERTIES. (a) In this section:

(1) "Eligible nonprofit housing organization" means a nonprofit

housing organization that is certified by a home-rule

municipality to bring an action under this section.

(2) "Multifamily residential property" means any residential

dwelling complex consisting of four or more units.

(b) A home-rule municipality may annually certify one or more

nonprofit housing organizations to bring an action under this

section after making the following findings:

(1) the nonprofit housing organization has a record of community

involvement; and

(2) the certification will further the home-rule municipality's

goal to rehabilitate hazardous properties.

organization may bring an action under this section in district

court against an owner of property that is not in substantial

compliance with one or more municipal ordinances regarding:

(1) the prevention of substantial risk of injury to any person;

(2) the prevention of an adverse health impact to any person.

(d) A municipality that grants authority to an eligible

nonprofit housing organization to initiate an action under this

section has standing to intervene in the proceedings at any time

as a matter of right.

(e) The court may appoint a receiver if the court finds that:

(1) the property is in violation of one or more ordinances of

the municipality described by Subsection (c);

(2) the condition of the property constitutes a serious and

imminent public health or safety hazard; and

(3) the property is not an owner-occupied, single-family

residence.

(f) The following are eligible to serve as court-appointed

receivers:

(1) an entity with, as determined by the court, sufficient

capacity and experience rehabilitating properties; and

(2) an individual with, as determined by the court, sufficient

resources and experience rehabilitating properties.

(g) Notwithstanding Subsection (f), an entity is ineligible to

serve as a receiver for a multifamily residential property if the

nonprofit housing organization that brought the action under this

section has an ownership interest or a right to income in the

entity.

(h) The home-rule municipality or eligible nonprofit housing

organization must send by certified mail notice of any ordinance

violation alleged to exist on the property on or before the 30th

day before the date an action is filed under this section to:

(1) the physical address of the property; and

(2) the address as indicated on the most recently approved

municipal tax roll for the property owner or the property owner's

agent.

(i) In an action under this section, each record owner and each

lienholder of record of the property shall be served with notice

of the proceedings or, if not available after due diligence, may

be served by alternative means, including publication, as

prescribed by the Texas Rules of Civil Procedure. Actual service

or service by publication on a record owner or lienholder

constitutes notice to each unrecorded owner or lienholder.

(j) On a showing of imminent risk of injury to a person

occupying the property or present in the community, the court may

issue a mandatory or prohibitory temporary restraining order or

temporary injunction as necessary to protect the public health or

safety.

(k) Unless inconsistent with this section or other law, the

rules of equity govern all matters relating to a court action

under this section.

(l) Subject to control of the court, a court-appointed receiver

has all powers necessary and customary to the powers of a

receiver under the laws of equity and may:

(1) take possession and control of the property;

(2) operate and manage the property;

(3) establish and collect rents and income on the property;

(4) lease the property;

(5) make any repairs and improvements necessary to bring the

property into compliance with local codes and ordinances and

state laws, including:

(A) performing and entering into contracts for the performance

of work and the furnishing of materials for repairs and

improvements; and

(B) entering into loan and grant agreements for repairs and

improvements to the property;

(6) pay expenses, including paying for utilities and paying

taxes and assessments, insurance premiums, and reasonable

compensation to a property management agent;

(7) enter into contracts for operating and maintaining the

property;

(8) exercise all other authority of an owner of the property

other than the authority to sell the property unless authorized

by the court under Subsection (n); and

(9) perform other acts regarding the property as authorized by

the court.

(m) A court-appointed receiver may demolish a single-family

structure on the property under this section on authorization by

the court and only if the court finds:

(1) it is not economically feasible to bring the structure into

compliance with local codes and ordinances and state laws; and

(2) the structure is:

(A) unfit for human habitation or is a hazard to the public

health or safety;

(B) regardless of its structural condition:

(i) unoccupied by its owners or lessees or other invitees; and

(ii) unsecured from unauthorized entry to the extent that it

could be entered or used by vagrants or other uninvited persons

as a place of harborage or could be entered or used by children;

(i) the structure constitutes a danger to the public even though

secured from entry; or

(ii) the means used to secure the structure are inadequate to

prevent unauthorized entry or use of the structure in the manner

described by Paragraph (B)(ii).

(n) On demolition of the structure, the court may authorize the

receiver to sell the property to an individual or organization

that will bring the property into productive use.

(o) On completing the repairs or demolishing the structure or

before petitioning a court for termination of the receivership,

the receiver shall file with the court a full accounting of all

costs and expenses incurred in the repairs or demolition,

including reasonable costs for labor and supervision, all income

received from the property, and, at the receiver's discretion, a

receivership fee of 10 percent of those costs and expenses. If

the property was sold under Subsection (n) and the revenue

exceeds the total of the costs and expenses incurred by the

receiver plus any receivership fee, any net income shall be

returned to the owner. If the property is not sold and the

income produced exceeds the total of the costs and expenses

incurred by the receiver plus any receivership fee, the

rehabilitated property shall be restored to the owner and any net

income shall be returned to the owner. If the total of the costs

and expenses incurred by the receiver plus any receivership fee

exceeds the income produced during the receivership, the receiver

may maintain control of the property until all rehabilitation and

maintenance costs plus any receivership fee are recovered or

until the receivership is terminated.

(p) A receiver shall have a lien on the property for all of the

receiver's unreimbursed costs and expenses, plus any receivership

fee.

(q) Any lienholder of record may, after initiation of an action

under this section:

(1) intervene in the action; and

(2) request appointment as a receiver under this section if the

lienholder demonstrates to the court an ability and willingness

to rehabilitate the property.

(r) A receiver appointed under this section or the home-rule

municipality or eligible nonprofit housing organization that

filed the action under which the receiver was appointed may

petition the court to terminate the receivership and order the

sale of the property if an owner has been served with notice but

has failed to repay all of the receiver's outstanding costs and

expenses plus any receivership fee on or before the 180th day

after the date the notice was served.

(s) The court may order the sale of the property if the court

finds that:

(1) notice was given to each record owner of the property and

each lienholder of record;

(2) the receiver has been in control of the property and the

owner has failed to repay all the receiver's outstanding costs

and expenses of rehabilitation plus any receivership fee within

the period prescribed by Subsection (r); and

(3) no lienholder of record has intervened in the action and

tendered the receiver's costs and expenses, plus any receivership

fee, and assumed control of the property.

(t) The court may order the property sold:

(1) to a land bank or other party as the court may direct,

excluding, for multifamily residential properties, an eligible

nonprofit housing organization that initiated the action under

this section; or

(2) at public auction.

(u) The receiver, if an entity not excluded under Subsection

(t), may bid on the property at the sale described by Subsection

(t)(2) and may use a lien granted under Subsection (p) as credit

toward the purchase.

(v) The court shall confirm a sale under this section and order

a distribution of the proceeds of the sale in the following

order:

(1) court costs;

(2) costs and expenses, plus a receivership fee, and any lien

held by the receiver; and

(3) other valid liens.

(w) Any remaining amount shall be paid to the owner. If the

owner cannot be identified or located, the court shall order the

remaining amount to be deposited in an interest-bearing account

with the district clerk's office in the district court in which

the action is pending. The district clerk shall hold the funds

as provided by other law.

(x) After the proceeds are distributed, the court shall award

fee title to the purchaser. If the proceeds of the sale are

insufficient to pay all liens, claims, and encumbrances on the

property, the court shall extinguish all unpaid liens, claims,

and encumbrances on the property and award title to the purchaser

free and clear.

(y) This section does not foreclose any right or remedy that may

be available under Section 214.003, other state law, or the laws

of equity.

Added by Acts 2009, 81st Leg., R.S., Ch.

1414, Sec. 1, eff. September 1, 2009.

Sec. 214.004. SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES.

A Type A general-law municipality or home-rule municipality may

foreclose a lien on property under this subchapter:

(1) in a proceeding relating to the property brought under

Subchapter E, Chapter 33, Tax Code; or

(2) in a judicial proceeding, if:

(A) a building or other structure on the property has been

demolished;

(B) a lien for the cost of the demolition of the building or

other structure on the property has been created and that cost

has not been paid more than 180 days after the date the lien was

filed; and

property.

Added by Acts 1995, 74th Leg., ch. 1017, Sec. 5, eff. Aug. 28,

1995. Amended by Acts 1997, 75th Leg., ch. 470, Sec. 1, eff. May

30, 1997.

Sec. 214.005. PROPERTY BID OFF TO MUNICIPALITY. A municipality

may adopt an ordinance under Section 214.001(a) that applies to

property that has been bid off to the municipality under Section

34.01(j), Tax Code.

Added by Acts 2001, 77th Leg., ch. 413, Sec. 11, eff. Sept. 1,

2001.

SUBCHAPTER B. PLUMBING AND SEWERS

Sec. 214.011. PLUMBING INSPECTOR. (a) If a municipality does

not have a special charter that provides for an inspector of

plumbing, the governing body of the municipality may appoint an

inspector of plumbing for a term fixed by the governing body.

(b) The same individual may serve as plumbing inspector and

municipal engineer.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(k), eff. Aug. 28,

1989.

Sec. 214.012. SEWERS AND PLUMBING. A municipality that has

underground sewers or cesspools shall regulate by ordinance:

(1) the tapping of the sewers and cesspools; and

(2) house draining and plumbing.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 214.013. SEWER CONNECTIONS. (a) A municipality may:

(1) provide for a sanitary sewer system; and

(2) require property owners to connect to the sewer system.

(b) If an owner does not connect to the sewer system, the

municipality may:

(1) fix a lien against the owner's property;

(2) charge the cost of the connection to the owner as a personal

liability; and

(3) impose a penalty on the owner.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 51, Sec. 1, eff. Aug. 30,

1993.

Sec. 214.014. DRAINS, SINKS, AND PRIVIES. (a) The governing

body of a Type A general-law municipality may, by resolution or

ordinance, order the owner of a private drain, sink, or privy to

fill up, clean, drain, alter, relay, repair, or improve the

drain, sink, or privy.

(b) If the order cannot be served on a person in the

municipality, the municipality may have the work done on behalf

of the owner. The municipality may fix a lien on the owner's

property for expenses incurred in having the work done. The lien

is created when the mayor of the municipality files and records a

memorandum, under the seal of the municipality, with the clerk of

the district court.

court having jurisdiction a judgment against the owner for the

amount of the expenses.

(d) The governing body may punish by a fine a person who does

not comply with an order adopted under this section.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 214.015. SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES.

A home-rule municipality or Type A general-law municipality may

foreclose a lien on property under this subchapter in a

proceeding relating to the property brought under Subchapter E,

Chapter 33, Tax Code.

Added by Acts 1995, 74th Leg., ch. 1017, Sec. 6, eff. Aug. 28,

1995.

SUBCHAPTER C. SWIMMING POOL ENCLOSURES

Sec. 214.101. AUTHORITY REGARDING SWIMMING POOL ENCLOSURES. (a)

A municipality may by ordinance establish minimum standards for

swimming pool fences and enclosures and may adopt other

ordinances as necessary to carry out this subchapter. A municipal

ordinance containing standards for a pool yard enclosure as

defined by Chapter 757, Health and Safety Code, as added by

Section 2, Chapter 517, Acts of the 73rd Legislature, 1993, must

contain the same standards for that enclosure as are required or

permitted by that chapter of the Health and Safety Code.

(b) A municipality that adopts an ordinance under this

subchapter may repair, replace, secure, or otherwise remedy an

enclosure or fence that is damaged, deteriorated, substandard,

dilapidated, or otherwise in a state that poses a hazard to the

public health, safety, and welfare.

which the swimming pool or enclosure or fence is situated, after

notice and hearing as provided in Sections 214.001(d) and (e), to

repair, replace, secure, or otherwise remedy an enclosure or

fence of a swimming pool that the municipality or an appropriate

municipal official, agent, or employee determines violates the

minimum standards adopted under this subchapter.

(d) If the enclosure or fence is on unoccupied property or is on

property occupied only by persons who do not have a right of

possession to the property, the municipality shall give notice to

the owner, in accordance with the procedures set out in Sections

214.0011(c) and (d), of the municipality's action to repair,

replace, secure, or otherwise remedy an enclosure or fence of a

swimming pool.

(e) If a municipality incurs expenses under this subchapter, the

municipality may assess the expenses on, and the municipality has

a lien against, unless it is a homestead as protected by the

Texas Constitution, the property on which the 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.

(f) An ordinance adopted under this subchapter may provide for a

penalty, not to exceed $1,000, for a violation of the ordinance.

The ordinance may provide that each day a violation occurs

constitutes a separate offense.

(g) A municipal official, agent, or employee, acting under the

authority granted by this subchapter or any ordinance adopted

under this subchapter, may enter any unoccupied premises at a

reasonable time to inspect, investigate, or enforce the powers

granted under this subchapter or any ordinance adopted pursuant

to this subchapter. After providing a minimum of 24 hours notice

to the occupant, a municipal official, agent, or employee, acting

under the authority granted by this subchapter or any ordinance

adopted under this subchapter, may enter any occupied premises to

inspect, investigate, or enforce the powers granted under this

subchapter or any ordinance adopted pursuant to this subchapter.

A municipality and its officials, agents, or employees shall be

immune from liability for any acts or omissions not knowingly

done that are associated with actions taken in an effort to

eliminate the dangerous conditions posed by an enclosure or fence

that is damaged, deteriorated, substandard, dilapidated, or

otherwise in a state that poses a hazard to the public health,

safety, and welfare and for any previous or subsequent conditions

on the property.

(h) The authority granted by this subchapter is in addition to

that granted by any other law.

Added by Acts 1993, 73rd Leg., ch. 517, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 577, Sec. 1, eff.

Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 12.107, eff.

Sept. 1, 2001.

Sec. 214.102. SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES.

A municipality may foreclose a lien on property under this

subchapter in a proceeding relating to the property brought under

Subchapter E, Chapter 33, Tax Code.

Added by Acts 1995, 74th Leg., ch. 1017, Sec. 7, eff. Aug. 28,

1995.

SUBCHAPTER D. BUILDING LINES

Sec. 214.131. DEFINITIONS. In this subchapter:

(1) "Street" means a public highway, boulevard, parkway, square,

or street, or a part or side of any of these.

(2) "Structure" means a building or other structure, or a part

of a building or other structure.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 213.001 and amended by Acts 2001, 77th Leg.,

ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.

Sec. 214.132. BUILDING LINES AUTHORIZED. The governing body of

a municipality may, by resolution or ordinance, establish a

building line on a street in the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 213.002 by Acts 2001, 77th Leg., ch. 1420,

Sec. 12.002(4), eff. Sept. 1, 2001.

Sec. 214.133. ACTIVITY PROHIBITED WITHIN BUILDING LINE. In the

area between a street and a building line established under this

subchapter for the street, the erection, re-erection,

reconstruction, or substantial repair of a structure is

prohibited.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 213.003 and amended by Acts 2001, 77th Leg.,

ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.

Sec. 214.134. RESOLUTION OR ORDINANCE. (a) In adopting a

resolution or ordinance that establishes a building line, a

municipality must follow the same procedure that it is authorized

by law to use to acquire land for the opening of streets.

(b) The resolution or ordinance must:

(1) describe the street affected and the location of the

building line; and

(2) provide a period, not to exceed 25 years after the date on

which the line is established, during which structures extending

into the area between the street and the building line must be

brought into conformance with the line.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 213.004 by Acts 2001, 77th Leg., ch. 1420,

Sec. 12.002(4), eff. Sept. 1, 2001.

Sec. 214.135. CONDEMNATION OF EASEMENTS AND INTERESTS;

ASSESSMENTS. (a) A municipality must follow the same procedure

that it is authorized by law to use to open streets when the

municipality:

(1) institutes and conducts a condemnation proceeding to condemn

an easement or interest necessary to establish a building line;

(2) imposes and collects an assessment based on the benefits

arising out of the establishment of a building line against the

property owner and property abutting or in the vicinity of the

building line.

(b) If, in the condemnation of a tract, the ownership of the

tract or the interests in the tract are in controversy or

unknown, an award for the tract may be made in bulk and paid into

court for the use of the parties owning or interested in the

tract as their ownership or interest appears.

who are appointed under Chapter 21, Property Code, are filed with

the court having jurisdiction over the condemnation proceedings,

the award and findings are final and shall be made the judgment

of the court. Compensation is due and payable on rendition of the

judgment by the court adopting the award.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 213.005 by Acts 2001, 77th Leg., ch. 1420,

Sec. 12.002(4), eff. Sept. 1, 2001.

Sec. 214.136. CONDEMNATION OF PROPERTY. (a) Before or after

expiration of the period for conformance set under Section

213.134(b)(2), a municipality, following the same procedure that

it is authorized by law to use to institute condemnation

proceedings, may:

(1) remove a structure and condemn property in the area between

a street and a building line; and

(2) impose an assessment against property owners and property

that is benefitted by the establishment of the building line to

the extent of the benefit.

(b) The municipality must provide notice and a hearing to the

owner of affected property for the determination of:

(1) additional damages sustained by the removal of a structure

or the taking of land in the area between a street and a building

line; or

(2) the assessment to be imposed against a property owner and

the property.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 213.006 and amended by Acts 2001, 77th Leg.,

ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.

SUBCHAPTER E. COMMERCIAL BUILDING PERMITS IN MUNICIPALITIES WITH

POPULATION OF MORE THAN 900,000

Sec. 214.161. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a municipality with a population of

more than 1.18 million.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 94, eff. Sept. 1,

1991; Acts 2001, 77th Leg., ch. 669, Sec. 74, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1,

2001.

Sec. 214.162. DEFINITIONS. In this subchapter:

(1) "Commercial building" means a building that is not a single

family residence.

(2) "Permit department" means the municipal agency that is

authorized to issue commercial building permits.

(3) "Subdivider" means a person who divides a tract of real

property under circumstances to which Subchapter A, Chapter 212

applies.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 230.012 by Acts 2001, 77th Leg., ch. 1420,

Sec. 12.002(5), eff. Sep

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Texas Codes and Statutes

CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES