2005 Texas Local Government Code CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES


LOCAL GOVERNMENT CODE
CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES
SUBCHAPTER A. DANGEROUS STRUCTURES
§ 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 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. (c) A notice of a hearing sent to an owner, lienholder, or 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 or send by certified mail, return receipt requested, 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; (C) a brief statement indicating the results of the order; and (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, return receipt requested, 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, or mortgagee 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, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 87(j), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 743, § 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 836, § 10, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 359, § 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 362, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 357, § 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 413, § 10, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 701, § 2, eff. Sept. 1, 2003. § 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. (c) Before the 11th day after the date the building is secured, 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, § 1, eff. April 2, 1991. Amended by Acts 2001, 77th Leg., ch. 1420, § 12.104, eff. Sept. 1, 2001. § 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. (c) Before a notice is sent or a hearing is conducted under 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, § 1, eff. Aug. 28, 1995. § 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 or mailed to them by first class mail, certified return receipt requested, 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. (c) The municipality may not be required to return the original 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, § 11, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 413, § 12, eff. Sept. 1, 2001. § 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. (c) The municipality may repair a building under Subsection (b) 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, § 49(a), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch. 743, § 2, 3, eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 359, § 2, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 1420, § 12.105, eff. Sept. 1, 2001. § 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. (c) The governing body may punish by a fine, confinement in jail, or both a person who does not comply with an order issued under Subsection (a)(1). Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 743, § 4, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 219, § 1, eff. Aug. 30, 1993. § 214.003. RECEIVER. (a) A home-rule municipality may bring an action in district court against an owner of residential 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 residential 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. (c) The court may appoint as a receiver for historic property 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 to the property of the minimum code standards of the municipality or guidelines for rehabilitating historic property: (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, and all income received from the property; (2) if the income exceeds the cost and expense of rehabilitation, the rehabilitated property shall be restored to the owners and any net income shall be returned to the owners; and (3) if costs and expenses exceed the income received during the receivership, the receiver shall maintain control of the property until the time all rehabilitation and maintenance costs are recovered. (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: (1) is an owner-occupied, single-family residence; or (2) is zoned nonresidential and used in a nonresidential character. (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: (1) if the receiver has been in control of the property for more than two years and no legal owner has been identified after a diligent search; or (2) after the receiver has been in control of the property for more than three years, if an owner has been identified and served with notices but has failed to assume control or repay all rehabilitation and maintenance costs 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 two years and no legal owner has been identified after a diligent search, or the receiver has been in control of the property for more than three years and an owner has been identified but has failed to repay all rehabilitation and maintenance costs of the receiver; and (3) no lienholder of record has intervened in the action and offered to repay the costs 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. 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 (3) 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, § 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 49, § 1, eff. April 29, 1991; Acts 1995, 74th Leg., ch. 158, § 2, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 1420, § 12.106, eff. Sept. 1, 2001. § 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 (C) ad valorem taxes are delinquent on all or part of the property. Added by Acts 1995, 74th Leg., ch. 1017, § 5, eff. Aug. 28, 1995. Amended by Acts 1997, 75th Leg., ch. 470, § 1, eff. May 30, 1997. § 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, § 11, eff. Sept. 1, 2001.
SUBCHAPTER B. PLUMBING AND SEWERS
§ 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, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 87(k), eff. Aug. 28, 1989. § 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, § 1, eff. Sept. 1, 1987. § 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, § 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 51, § 1, eff. Aug. 30, 1993. § 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. (c) The municipality may enforce the lien and may obtain in any 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, § 1, eff. Sept. 1, 1987. § 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, § 6, eff. Aug. 28, 1995.
SUBCHAPTER C. SWIMMING POOL ENCLOSURES
§ 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. (c) A municipality may require the owner of the property on 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, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 577, § 1, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, § 12.107, eff. Sept. 1, 2001. § 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, § 7, eff. Aug. 28, 1995.
SUBCHAPTER D. BUILDING LINES
§ 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, § 1, eff. Sept. 1, 1987. Renumbered from § 213.001 and amended by Acts 2001, 77th Leg., ch. 1420, § 12.002(4), eff. Sept. 1, 2001. § 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, § 1, eff. Sept. 1, 1987. Renumbered from § 213.002 by Acts 2001, 77th Leg., ch. 1420, § 12.002(4), eff. Sept. 1, 2001. § 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, § 1, eff. Sept. 1, 1987. Renumbered from § 213.003 and amended by Acts 2001, 77th Leg., ch. 1420, § 12.002(4), eff. Sept. 1, 2001. § 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, § 1, eff. Sept. 1, 1987. Renumbered from § 213.004 by Acts 2001, 77th Leg., ch. 1420, § 12.002(4), eff. Sept. 1, 2001. § 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; or (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. (c) When the award and findings of the special commissioners, 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, § 1, eff. Sept. 1, 1987. Renumbered from § 213.005 by Acts 2001, 77th Leg., ch. 1420, § 12.002(4), eff. Sept. 1, 2001. § 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, § 1, eff. Sept. 1, 1987. Renumbered from § 213.006 and amended by Acts 2001, 77th Leg., ch. 1420, § 12.002(4), eff. Sept. 1, 2001.
SUBCHAPTER E. COMMERCIAL BUILDING PERMITS IN MUNICIPALITIES WITH POPULATION OF MORE THAN 900,000
§ 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, § 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 597, § 94, eff. Sept. 1, 1991; Acts 2001, 77th Leg., ch. 669, § 74, eff. Sept. 1, 2001. Renumbered from § 230.011 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 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, § 1, eff. Sept. 1, 1987. Renumbered from § 230.012 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 214.163. PERMIT APPLICATION REQUIREMENTS; ISSUANCE OF PERMIT. (a) A person who desires to obtain a commercial building permit must file with the permit application a certified copy of any instrument that contains a restriction on the use of or on construction on the affected property and must also include a certified copy of any amendment, judgment, or other document that affects the use of the property. (b) The permit department shall issue a permit for construction or repair that conforms to all restrictions relating to the use of the property described in the application if the applicant for the permit has complied with this subchapter and with local ordinances relating to commercial building permits. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renumbered from § 230.013 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 214.164. FILING OF PLAT AND RESTRICTIONS; EFFECT ON PERMIT. (a) At the time that a subdivider files a plat of a proposed subdivision for recording, the subdivider shall file with the permit department two copies of the subdivision plat and of any restrictions relating to the property included in the plat. (b) The permit department shall securely keep one copy of the plat and restrictions as a permanent record. (c) A person who desires to obtain a commercial building permit for property that is included in a plat or restrictions on file with the permit department is not required to file a copy of the plat and the restrictions with the permit application. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renumbered from § 230.014 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 214.165. REPAIRS; CONVERSIONS. (a) A person who proposes to substantially repair or remodel a commercial building located within a subdivision or to convert a single family residence into a commercial building must obtain a commercial building permit from the permit department. (b) This section does not apply to a violation of a restrictive covenant that occurred before May 18, 1965, if the violation retains the status existing on that date. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renumbered from § 230.015 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 214.166. INJUNCTION. (a) A person who, without obtaining a permit, attempts to construct or repair any structure for which a commercial building permit is required may be enjoined from any further construction activity until the person complies with this subchapter. (b) The municipality may join with an interested property owner in a suit to enjoin further construction activity by a person who does not have a permit issued in compliance with this subchapter if the structure or proposed structure violates a restriction contained in the deed or other instrument. (c) A municipality may join with an interested property owner in a suit to enjoin the maintenance of a commercial building by a person who does not have a permit in compliance with this subchapter. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renumbered from § 230.016 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 214.167. REVIEW OF REFUSAL TO ISSUE PERMIT. (a) An administrative refusal to issue a commercial building permit based on a violation of restrictions contained in a deed or other instrument is reviewable by a court of competent jurisdiction if, during the 90-day period after the day on which the permit is refused, the person contesting the refusal gives notice to the permit department that the suit has been filed. (b) If conditions in a subdivision change or if other legally sufficient reasons to modify the restrictions occur, a person who has been refused a commercial building permit may petition a court of competent jurisdiction to alter the restrictions to better conform to present conditions. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renumbered from § 230.017 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001. § 214.168. VOID PERMITS. A commercial permit obtained without full compliance with this subchapter is void. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Renumbered from § 230.018 by Acts 2001, 77th Leg., ch. 1420, § 12.002(5), eff. Sept. 1, 2001.
SUBCHAPTER F. BURGLAR ALARM SYSTEMS
§ 214.191. DEFINITIONS. In this subchapter: (1) "Alarm system" means a device or system that transmits a signal intended to summon police of a municipality in response to a burglary. The term includes an alarm that emits an audible signal on the exterior of a structure. The term does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises. (2) "Permit" means a certificate, license, permit, or other form of permission that authorizes a person to engage in an action. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.001 and amended by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. § 214.192. CATEGORIES OF ALARM SYSTEMS. The category of alarm system to be regulated is burglary. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.002 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. § 214.193. DURATION OF MUNICIPAL PERMIT. (a) If a municipality adopts an ordinance that requires a person to obtain a permit from the municipality before a person may use an alarm system in the municipality, the ordinance must provide that the permit is valid for at least one year. (b) This requirement does not affect the authority of the municipality to: (1) revoke, suspend, or otherwise affect the duration of a permit for disciplinary reasons at any time during the period for which the permit is issued; or (2) make a permit valid for a period of less than one year if necessary to conform the permit to the termination schedule established by the municipality for permits. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.003 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept 1, 2001. § 214.194. MUNICIPAL PERMIT FEE GENERALLY. (a) If a municipality adopts an ordinance that requires a person to pay an annual fee to obtain a permit from the municipality before the person may use an alarm system in the municipality, the fee shall be used for the general administration of this subchapter, including the provision of responses generally required to implement this subchapter other than specific responses to false alarms. (b) A municipal permit fee imposed under this section may not exceed the rate of $50 a year for a residential location. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.004 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 808, § 1, eff. Sept. 1, 2005. § 214.195. NONRENEWAL OR REVOCATION OF PERMIT AND TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED. (a) Except as provided in Subsection (d), a municipality may not terminate its law enforcement response to a residential permit holder because of excess false alarms if the false alarm fees are paid in full. (b) In permitting free false alarm responses and in setting false alarm fees, a municipality must administer any ordinance on a fair and equitable basis as determined by the governing body. (c) A municipality may not terminate an alarm permit for nonrenewal without providing at least 30 days' notice. (d) A municipality may revoke or refuse to renew the permit of an alarm system that has had eight or more false alarms during the preceding 12-month period. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.005 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 808, § 2, 3, eff. Sept. 1, 2005. § 214.1955. MULTIUNIT HOUSING FACILITIES. (a) A municipality may not refuse to issue an alarm system permit for a residential location solely because the residential location is an individual residential unit located in a multiunit housing facility. (b) In issuing an alarm system permit for an alarm installed in an individual residential unit of a multiunit housing facility, the municipality shall issue the permit to the person occupying the individual residential unit. (c) A municipality may impose a penalty under Section 214.197 for the signaling of a false alarm on the premises of a multiunit housing facility for a facility other than an individual residential unit only if the permit holder is notified of: (1) the date of the signaling of the false alarm; (2) the address of the multiunit housing facility where the signaling of the false alarm occurred; and (3) the identification of the individual facility, if applicable, located on the multiunit housing facility premises where the signaling of the false alarm occurred. Added by Acts 2005, 79th Leg., ch. 808, § 4, eff. Sept. 1, 2005. § 214.196. ON-SITE INSPECTION REQUIRED. A municipality may not consider a false alarm to have occurred unless a response is made by an agency of the municipality within 30 minutes of the alarm notification and the agency determines from an inspection of the interior or exterior of the premises that the alarm was false. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.006 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. § 214.197. PENALTIES FOR FALSE ALARMS. A municipality may impose a penalty for the signaling of a false alarm by a burglar alarm system if at least three other false alarms have occurred during the preceding 12-month period. The amount of the penalty for the signaling of a false alarm as described by Section 214.196 may not exceed: (1) $50, if the location has had more than three but fewer than six other false alarms in the preceding 12-month period; (2) $75, if the location has had more than five but fewer than eight other false alarms in the preceding 12-month period; or (3) $100, if the location has had eight or more other false alarms in the preceding 12-month period. Added by Acts 1991, 72nd Leg., ch. 550, § 1, eff. Sept. 1, 1991. Renumbered from § 218.007 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 808, § 5, eff. Sept. 1, 2005. § 214.198. VERIFICATION. A municipality may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the municipality responds to the alarm signal. Added by Acts 2005, 79th Leg., ch. 808, § 6, eff. Sept. 1, 2005. § 214.199. EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM RESPONSE. (a) The governing body of a municipality may not adopt an ordinance providing that law enforcement personnel of the municipality will not respond to any alarm signal indicated by an alarm system in the municipality unless, before adopting the ordinance, the governing body of the municipality: (1) makes reasonable efforts to notify permit holders of its intention to adopt the ordinance; and (2) conducts a public hearing at which persons interested in the response of the municipality to alarm systems are given the opportunity to be heard. (b) A municipality that adopts an ordinance under this section may not impose or collect any fine, fee, or penalty otherwise authorized by this subchapter. Added by Acts 2005, 79th Leg., ch. 808, § 6, eff. Sept. 1, 2005. § 214.200. PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this subchapter: (1) affects the priority or level of response provided by a municipality to a permitted location; or (2) waives the governmental immunity provided by law for a municipality. (b) A municipality that does not respond to an alarm signal is not liable for damages that may occur relating to the cause of the alarm signal. Added by Acts 2005, 79th Leg., ch. 808, § 6, eff. Sept. 1, 2005.
SUBCHAPTER G. BUILDING AND REHABILITATION CODES
§ 214.211. DEFINITIONS. In this subchapter: (1) "International Residential Code" means the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council. (2) "National Electrical Code" means the electrical code published by the National Fire Protection Association. (3) "Residential" means having the character of a detached one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling, and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure. (4) "International Building Code" means the International Building Code promulgated by the International Code Council. (5) "Commercial" means a building for the use or occupation of people for: (A) a public purpose or economic gain; or (B) a residence if the building is a multifamily residence that is not defined as residential by this section. Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002. Amended by Acts 2005, 79th Leg., ch. 389, § 1, eff. Jan. 1, 2006. § 214.212. INTERNATIONAL RESIDENTIAL CODE. (a) To protect the public health, safety, and welfare, the International Residential Code, as it existed on May 1, 2001, is adopted as a municipal residential building code in this state. (b) The International Residential Code applies to all construction, alteration, remodeling, enlargement, and repair of residential structures in a municipality. (c) A municipality may establish procedures: (1) to adopt local amendments to the International Residential Code; and (2) for the administration and enforcement of the International Residential Code. (d) A municipality may review and consider amendments made by the International Code Council to the International Residential Code after May 1, 2001. Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002. § 214.213. EXCEPTIONS. (a) The International Residential Code and the International Building Code do not apply to the installation and maintenance of electrical wiring and related components. (b) A municipality is not required to review and consider adoption of amendments to the International Residential Code or the International Building Code regarding electrical provisions. Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002. Amended by Acts 2005, 79th Leg., ch. 389, § 2, eff. Jan. 1, 2006. § 214.214. NATIONAL ELECTRICAL CODE. (a) Except as provided by Subsection (c), the National Electrical Code, as it existed on May 1, 2001, is adopted as the municipal electrical construction code in this state and applies to all residential and commercial electrical construction applications. (b) A municipality may establish procedures: (1) to adopt local amendments to the National Electrical Code; and (2) for the administration and enforcement of the National Electrical Code. (c) The National Electrical Code applies to all commercial buildings in a municipality for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. Added by Acts 2001, 77th Leg., ch. 120, § 1, eff. Jan. 1, 2002. Amended by Acts 2005, 79th Leg., ch. 389, § 3, eff. Jan. 1, 2006. § 214.215. ADOPTION OF REHABILITATION CODES OR PROVISIONS. (a) In this section, "rehabilitation" means the alteration, remodeling, enlargement, or repair of an existing structure. (b) A municipality that adopts a building code, other than the International Residential Code adopted under Section 214.212, shall adopt one of the following: (1) prescriptive provisions for rehabilitation as part of the municipality's building code; or (2) the rehabilitation code that accompanies the building code adopted by the municipality. (c) The rehabilitation code or prescriptive provisions do not apply to the rehabilitation of a structure to which the International Residential Code applies or to the construction of a new structure. (d) A municipality may: (1) adopt the rehabilitation code or prescriptive provisions for rehabilitation recommended by the Texas Board of Architectural Examiners; or (2) amend its rehabilitation code or prescriptive provisions for rehabilitation. (e) A municipality shall enforce the prescriptive provisions for rehabilitation or the rehabilitation code in a manner consistent with the enforcement of the municipality's building code. Added by Acts 2003, 78th Leg., ch. 331, § 6.02, eff. Sept. 1, 2003. § 214.216. INTERNATIONAL BUILDING CODE. (a) To protect the public health, safety, and welfare, the International Building Code, as it existed on May 1, 2003, is adopted as a municipal commercial building code in this state. (b) The International Building Code applies to all commercial buildings in a municipality for which construction begins on or after January 1, 2006, and to any alteration, remodeling, enlargement, or repair of those commercial buildings. (c) A municipality may establish procedures: (1) to adopt local amendments to the International Building Code; and (2) for the administration and enforcement of the International Building Code. (d) A municipality may review and consider amendments made by the International Code Council to the International Building Code after May 1, 2003. (e) A municipality that has adopted a more stringent commercial building code before January 1, 2006, is not required to repeal that code and may adopt future editions of that code. Added by Acts 2005, 79th Leg., ch. 389, § 4, eff. Jan. 1, 2006.
SUBCHAPTER Z. MISCELLANEOUS POWERS AND DUTIES
§ 214.901. ENERGY CONSERVATION. A home-rule municipality may require that the construction of buildings comply with the energy conservation standards in the municipal building code. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. § 214.902. RENT CONTROL. (a) The governing body of a municipality may, by ordinance, establish rent control if: (1) the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004, Government Code; and (2) the governor approves the ordinance. (b) The governing body shall continue or discontinue rent control in the same manner that the governor continues or discontinues a state of disaster under Section 418.014, Government Code. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1420, § 12.108, eff. Sept. 1, 2001. § 214.903. FAIR HOUSING ORDINANCES. (a) The governing body of a municipality may adopt fair housing ordinances that provide fair housing rights, compliance duties, and remedies that are substantially equivalent to those granted under federal law. Enforcement procedures and remedies in fair housing ordinances may vary from state or federal fair housing law. (b) Fair housing ordinances that were in existence on January 1, 1991, and are more restrictive than federal fair housing law shall remain in effect. Added by Acts 1993, 73rd Leg., ch. 268, § 22, eff. Sept. 1, 1993. Renumbered from § 51.002 by Acts 1999, 76th Leg., ch. 62, § 19.01(84), eff. Sept. 1, 1999. Renumbered from § 215.005 by Acts 2001, 77th Leg., ch. 1420, § 12.002(6), eff. Sept. 1, 2001. § 214.904. TIME FOR ISSUANCE OF MUNICIPAL BUILDING PERMIT.
Text of section as added by Acts 2005, 79th Leg., ch. 917, § 1
(a) This section applies only to a permit required by a municipality to erect or improve a building or other structure in the municipality or its extraterritorial jurisdiction. (b) Not later than the 45th day after the date an application for a permit is submitted, the municipality must: (1) grant or deny the permit; (2) provide written notice to the applicant stating the reasons why the municipality has been unable to grant or deny the permit application; or (3) reach a written agreement with the applicant providing for a deadline for granting or denying the permit. (c) For a permit application for which notice is provided under Subsection (b)(2), the municipality must grant or deny the permit not later than the 30th day after the date the notice is received. (d) If a municipality fails to grant or deny a permit application in the time required by Subsection (c) or by an agreement under Subsection (b)(3), the municipality: (1) may not collect any permit fees associated with the application; and (2) shall refund to the applicant any permit fees associated with the application that have been collected. Added by Acts 2005, 79th Leg., ch. 917, § 1, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 1103, § 1, see § 214.904 post. § 214.904. PROHIBITION OF CERTAIN MUNICIPAL REQUIREMENTS REGARDING SALES OF HOUSING UNITS OR RESIDENTIAL LOTS.
Text of section as added by Acts 2005, 79th Leg., ch. 1103, § 1
(a) A municipality may not adopt a requirement in any form, including through an ordinance or regulation or as a condition for granting a building permit, that establishes a maximum sales price for a privately produced housing unit or residential building lot. (b) This section does not affect any authority of a municipality to: (1) create or implement an incentive, contract commitment, density bonus, or other voluntary program designed to increase the supply of moderate or lower-cost housing units; or (2) adopt a requirement applicable to an area served under the provisions of Chapter 373A, Local Government Code, which authorizes homestead preservation districts, if such chapter is created by an act of the legislature. (c) This section does not apply to a requirement adopted by a municipality for an area as a part of a development agreement entered into before September 1, 2005. (d) This section does not apply to property that is part of an urban land bank program. Added by Acts 2005, 79th Leg., ch. 1103, § 1, eff. Sept. 1, 2005. For text of section as added by Acts 2005, 79th Leg., ch. 917, § 1, see § 214.904, ante.

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