2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
CHAPTER 54. ENFORCEMENT OF MUNICIPAL ORDINANCES  

LOCAL GOVERNMENT CODE

TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT

SUBTITLE D. GENERAL POWERS OF MUNICIPALITIES

CHAPTER 54. ENFORCEMENT OF MUNICIPAL ORDINANCES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 54.001. GENERAL ENFORCEMENT AUTHORITY OF MUNICIPALITIES;

PENALTY. (a) The governing body of a municipality may enforce

each rule, ordinance, or police regulation of the municipality

and may punish a violation of a rule, ordinance, or police

regulation.

(b) A fine or penalty for the violation of a rule, ordinance, or

police regulation may not exceed $500. However, a fine or penalty

for the violation of a rule, ordinance, or police regulation that

governs fire safety, zoning, or public health and sanitation,

including dumping of refuse, may not exceed $2,000.

(c) This section applies to a municipality regardless of any

contrary provision in a municipal charter.

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

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 7(a), 87(e), eff.

Aug. 28, 1989.

Sec. 54.002. IMPOSITION OF FINE IN TYPE B GENERAL-LAW

MUNICIPALITY. (a) The governing body of a Type B general-law

municipality may prescribe the fine for the violation of a

municipal bylaw or ordinance.

(b) If a defendant in a Type B general-law municipality demands

a jury trial, the fine may be imposed only on the verdict of a

jury.

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

Sec. 54.003. REMISSION OF FINE BY TYPE A GENERAL-LAW

MUNICIPALITY. On a two-thirds vote of the members present, the

governing body of a Type A general-law municipality may remit a

fine or a penalty, or a part of a fine or penalty, imposed or

incurred under law or under an ordinance or resolution adopted in

accordance with law.

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

Sec. 54.004. PRESERVATION OF HEALTH, PROPERTY, GOOD GOVERNMENT,

AND ORDER IN HOME-RULE MUNICIPALITY. A home-rule municipality

may enforce ordinances necessary to protect health, life, and

property and to preserve the good government, order, and security

of the municipality and its inhabitants.

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

Sec. 54.005. NOTICES TO CERTAIN PROPERTY OWNERS. (a) A

governmental entity that is required by statute, rule,

regulation, or ordinance to send a notice to an owner of real

property for the purpose of enforcing a municipal ordinance may

include the following statement in the notice: "According to the

real property records of _____________ County, you own the real

property described in this notice. If you no longer own the

property, you must execute an affidavit stating that you no

longer own the property and stating the name and last known

address of the person who acquired the property from you. The

affidavit must be delivered in person or by certified mail,

return receipt requested, to this office not later than the 20th

day after the date you receive this notice. If you do not send

the affidavit, it will be presumed that you own the property

described in this notice, even if you do not." The notice must be

delivered in person or by certified mail, return receipt

requested.

(b) If a governmental entity sends a notice to the owner of the

property to which the notice relates, as shown on or after the

10th day before the date notice is sent by the real property

records of the county in which the property is located, and the

record owner no longer owns the property, the record owner shall

execute an affidavit provided with the notice by the governmental

entity stating:

(1) that the record owner no longer owns the property; and

(2) the name and last known address of the person who acquired

the property from the record owner.

(c) The record owner shall deliver the affidavit in person or by

certified mail, return receipt requested, to the governmental

entity not later than the 20th day after the date the record

owner receives the notice.

(d) If the governmental entity receives an affidavit under

Subsection (c), the governmental entity shall send the

appropriate notice to the person named in the affidavit as having

acquired the property. A notice sent under this subsection must

include the statement authorized by Subsection (a).

(e) A governmental entity that receives an affidavit under

Subsection (c) shall:

(1) maintain the affidavit on file for at least two years after

the date the entity receives the affidavit; and

(2) deliver a copy of the affidavit to the chief appraiser of

the appraisal district in which the property is located.

(f) A governmental entity is considered to have provided notice

to a property owner if the entity complies with the statute,

rule, regulation, or ordinance under which the notice is sent and

if it:

(1) complies with Subsection (a) and does not receive an

affidavit from the record owner; or

(2) complies with Subsection (d) and does not receive an

affidavit from the person to whom the notice was sent under

Subsection (d).

(g) If a governmental entity complies with this section and does

not receive an affidavit under Subsection (c), the record owner

is presumed to be the owner of the property for all purposes to

which the notice relates.

(h) For purposes of this section, "real property" does not

include a mineral interest or royalty interest.

Added by Acts 1991, 72nd Leg., ch. 486, Sec. 1, eff. Aug. 26,

1991.

Sec. 54.006. NONSEVERABILITY OF CERTAIN CONSOLIDATED OFFENSES.

Section 3.04(a), Penal Code, does not apply to two or more

offenses consolidated or joined for trial under Section 3.02,

Penal Code, if each of the offenses is:

(1) for the violation of an ordinance described by Section

54.012;

(2) punishable by fine only; and

(3) tried in a municipal court, regardless of whether the court

is a municipal court of record.

Added by Acts 2001, 77th Leg., ch. 413, Sec. 4, eff. Sept. 1,

2001.

SUBCHAPTER B. MUNICIPAL HEALTH AND SAFETY ORDINANCES

Sec. 54.012. CIVIL ACTION. A municipality may bring a civil

action for the enforcement of an ordinance:

(1) for the preservation of public safety, relating to the

materials or methods used to construct a building or other

structure or improvement, including the foundation, structural

elements, electrical wiring or apparatus, plumbing and fixtures,

entrances, or exits;

(2) relating to the preservation of public health or to the fire

safety of a building or other structure or improvement, including

provisions relating to materials, types of construction or

design, interior configuration, illumination, warning devices,

sprinklers or other fire suppression devices, availability of

water supply for extinguishing fires, or location, design, or

width of entrances or exits;

(3) for zoning that provides for the use of land or classifies a

parcel of land according to the municipality's district

classification scheme;

(4) establishing criteria for land subdivision or construction

of buildings, including provisions relating to street width and

design, lot size, building width or elevation, setback

requirements, or utility service specifications or requirements;

(5) implementing civil penalties under this subchapter for

conduct classified by statute as a Class C misdemeanor;

(6) relating to dangerously damaged or deteriorated structures

or improvements;

(7) relating to conditions caused by accumulations of refuse,

vegetation, or other matter that creates breeding and living

places for insects and rodents;

(8) relating to the interior configuration, design,

illumination, or visibility of business premises exhibiting for

viewing by customers while on the premises live or mechanically

or electronically displayed entertainment intended to provide

sexual stimulation or sexual gratification; or

(9) relating to point source effluent limitations or the

discharge of a pollutant, other than from a non-point source,

into a sewer system, including a sanitary or storm water sewer

system, owned or controlled by the municipality.

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

Amended by Acts 1989, 71st Leg., ch. 343, Sec. 1, eff. June 14,

1989; Acts 1991, 72nd Leg., ch. 753, Sec. 3, eff. June 16, 1991;

Acts 1993, 73rd Leg., ch. 472, Sec. 1, eff. Sept. 1, 1993.

Sec. 54.013. JURISDICTION; VENUE. Jurisdiction and venue of an

action under this subchapter are in the district court or the

county court at law of the county in which the municipality

bringing the action is located.

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

Sec. 54.014. PREFERENTIAL SETTING. If the municipality submits

to the court a verified motion that includes facts that

demonstrate that a delay will unreasonably endanger persons or

property, the court shall give a preference to the action brought

by the municipality when setting cases filed under this

subchapter.

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

Sec. 54.015. PROCEDURE. (a) The only allegations required to

be pleaded in an action brought under this subchapter are:

(1) the identification of the real property involved in the

violation;

(2) the relationship of the defendant to the real property or

activity involved in the violation;

(3) a citation to the applicable ordinance;

(4) a description of the violation; and

(5) a statement that this subchapter applies to the ordinance.

(b) The standard of proof is the same as for other suits for

extraordinary relief.

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

Sec. 54.016. INJUNCTION. (a) On a showing of substantial

danger of injury or an adverse health impact to any person or to

the property of any person other than the defendant, the

municipality may obtain against the owner or owner's

representative with control over the premises an injunction that:

(1) prohibits specific conduct that violates the ordinance; and

(2) requires specific conduct that is necessary for compliance

with the ordinance.

(b) It is not necessary for the municipality to prove that

another adequate remedy or penalty for a violation does not exist

or to show that prosecution in a criminal action has occurred or

has been attempted.

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

Sec. 54.017. CIVIL PENALTY. (a) In a suit against the owner or

the owner's representative with control over the premises, the

municipality may recover a civil penalty if it proves that:

(1) the defendant was actually notified of the provisions of the

ordinance; and

(2) after the defendant received notice of the ordinance

provisions, the defendant committed acts in violation of the

ordinance or failed to take action necessary for compliance with

the ordinance.

(b) A civil penalty under this section may not exceed $1,000 a

day for a violation of an ordinance, except that a civil penalty

under this section may not exceed $5,000 a day for a violation of

an ordinance relating to point source effluent limitations or the

discharge of a pollutant, other than from a non-point source,

into a sewer system, including a sanitary or storm water sewer

system, owned or controlled by the municipality.

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

Amended by Acts 1993, 73rd Leg., ch. 472, Sec. 2, eff. Sept. 1,

1993.

Sec. 54.018. ACTION FOR REPAIR OR DEMOLITION OF STRUCTURE. (a)

The municipality may bring an action to compel the repair or

demolition of a structure or to obtain approval to remove the

structure and recover removal costs.

(b) In an action under this section, the municipality may also

bring a claim for civil penalties under Section 54.017.

(c) The municipality may file a notice of lis pendens in the

office of the county clerk. If the municipality files the notice,

a subsequent purchaser or mortgagee who acquires an interest in

the property takes the property subject to the enforcement

proceeding and subsequent orders of the court.

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

Sec. 54.019. IMPRISONMENT; CONTEMPT. (a) A person is not

subject to personal attachment or imprisonment for the failure to

pay a civil penalty assessed under this subchapter.

(b) This subchapter does not affect the power of a court to

imprison a person for contempt of valid court orders or the

availability of remedies or procedures for the collection of a

judgment assessing civil penalties. The remedies under Section

31.002, Civil Practice and Remedies Code, are preserved.

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

SUBCHAPTER C. QUASI-JUDICIAL ENFORCEMENT OF HEALTH AND SAFETY

ORDINANCES

Sec. 54.031. SUBCHAPTER APPLICABLE TO CERTAIN MUNICIPALITIES.

This subchapter applies to a municipality that by ordinance

implements the subchapter.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 753, Sec. 5, eff. June

16, 1991.

Sec. 54.032. ORDINANCES SUBJECT TO QUASI-JUDICIAL ENFORCEMENT.

This subchapter applies only to ordinances:

(1) for the preservation of public safety, relating to the

materials or methods used to construct a building or improvement,

including the foundation, structural elements, electrical wiring

or apparatus, plumbing and fixtures, entrances, or exits;

(2) relating to the fire safety of a building or improvement,

including provisions relating to materials, types of construction

or design, warning devices, sprinklers or other fire suppression

devices, availability of water supply for extinguishing fires, or

location, design, or width of entrances or exits;

(3) relating to dangerously damaged or deteriorated buildings or

improvements;

(4) relating to conditions caused by accumulations of refuse,

vegetation, or other matter that creates breeding and living

places for insects and rodents; or

(5) relating to a building code or to the condition, use, or

appearance of property in a municipality.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1997, 75th Leg., ch. 582, Sec. 1, eff. June

2, 1997.

Sec. 54.033. BUILDING AND STANDARDS COMMISSION. (a) The

governing body of the municipality may provide for the

appointment of a building and standards commission to hear and

determine cases concerning alleged violations of ordinances.

(b) A commission appointed for the purpose of hearing cases

under this subchapter shall consist of one or more panels, each

composed of at least five members, to be appointed for terms of

two years.

(c) The appointing authority may remove a commission member for

cause on a written charge. Before a decision regarding removal is

made, the appointing authority must hold a public hearing on the

matter if requested by the commission member subject to the

removal action.

(d) A vacancy shall be filled for the unexpired term.

(e) The governing body, by charter or ordinance, may provide for

the appointment of eight or more alternate members of the

commission who shall serve in the absence of one or more regular

members when requested to do so by the mayor or city manager. The

alternate members serve for the same period and are subject to

removal in the same manner as the regular members. A vacancy is

filled in the same manner as a vacancy among the regular members.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 1, eff.

Sept. 1, 1993; Acts 2001, 77th Leg., ch. 413, Sec. 3, eff. Sept.

1, 2001.

Sec. 54.034. PROCEEDINGS OF COMMISSION PANELS. (a) All cases

to be heard by the commission may be heard by any panel of the

commission. A majority of the members of a panel must hear a

case.

(b) A majority of the entire commission shall adopt rules for

the entire commission in accordance with any ordinances adopted

pursuant to this subchapter. The rules shall establish procedures

for use in hearings, providing ample opportunity for presentation

of evidence and testimony by respondents or persons opposing

charges brought by the municipality or its building officials

relating to alleged violations of ordinances.

(c) The governing body of the municipality by ordinance shall

designate the appropriate official of the municipality who shall

present all cases before the commission panels.

(d) Meetings of the commission panels shall be held at the call

of the chairman of each panel and at other times as determined by

the commission. All meetings of the commission and its panels

shall be open to the public. Each chairman of a panel, or in the

chairman's absence each acting chairman, may administer oaths and

compel the attendance of witnesses.

(e) Each commission panel shall keep minutes of its proceedings

showing the vote of each member on each question or the fact that

a member is absent or fails to vote. Each commission panel shall

keep records of its examinations and other official actions. The

minutes and records shall be filed immediately in the office of

the commission as public records.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 2, eff.

Sept. 1, 1993; Acts 2001, 77th Leg., ch. 413, Sec. 5, eff. Sept.

1, 2001.

Sec. 54.035. NOTICE. (a) Except as provided by Subsections

(a-1) and (a-2), notice of all proceedings before the commission

panels must be given:

(1) by personal delivery, by certified mail with return receipt

requested, or by delivery by the United States Postal Service

using signature confirmation service, to the record owners of the

affected property, and each holder of a recorded lien against the

affected property, as shown by the records in the office of the

county clerk of the county in which the affected property is

located if the address of the lienholder can be ascertained from

the deed of trust establishing the lien or other applicable

instruments on file in the office of the county clerk; and

(2) to all unknown owners, by posting a copy of the notice on

the front door of each improvement situated on the affected

property or as close to the front door as practicable.

(a-1) Notice to a condominium association of a proceeding before

a commission panel relating to 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 must

be served by personal service, by certified mail, return receipt

requested, or by the United States Postal Service using signature

confirmation service, to the registered agent of the unit owners'

association.

(a-2) Notice to an owner of a unit of 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 must be given in accordance with Section 82.118, Property

Code.

(b) The notice must be posted and either personally delivered or

mailed on or before the 10th day before the date of the hearing

before the commission panel and must state the date, time, and

place of the hearing. In addition, the notice must be published

in a newspaper of general circulation in the municipality on one

occasion on or before the 10th day before the date fixed for the

hearing.

(c) The commission may file notice of a proceeding before a

commission panel in the Official Public Records of Real Property

in the county in which the affected property is located. The

notice must contain the name and address of the owner of the

affected property if that information can be determined from a

reasonable search of the instruments on file in the office of the

county clerk, a legal description of the affected property, and a

description of the proceeding. 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 proceeding

on any subsequent recipient of any interest in the property who

acquires such interest after the filing of the notice.

(d) A municipality must exercise due diligence to determine the

identity and address of a property owner, lienholder, or

registered agent to whom the municipality is required to give

notice.

(e) A municipality exercises due diligence in determining the

identity and address of a property owner, lienholder, or

registered agent when it follows the procedures for service under

Section 82.118, Property Code, or searches the following records:

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

property is located;

(2) appraisal district records of the appraisal district in

which the property is located;

(3) records of the secretary of state, if the property owner,

lienholder, or registered agent is a corporation, partnership, or

other business association;

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

located;

(5) tax records of the municipality; and

(6) utility records of the municipality.

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

section to a property owner, lienholder, 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.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 3, eff.

Sept. 1, 1993; Acts 2001, 77th Leg., ch. 413, Sec. 6, eff. Sept.

1, 2001.

Amended by:

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

370, Sec. 1, eff. June 15, 2007.

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

1323, Sec. 4, eff. September 1, 2009.

Sec. 54.036. FUNCTIONS. A commission panel may:

(1) order the repair, within a fixed period, of buildings found

to be in violation of an ordinance;

(2) declare a building substandard in accordance with the powers

granted by this subchapter;

(3) order, in an appropriate case, the immediate removal of

persons or property found on private property, enter on private

property to secure the removal if it is determined that

conditions exist on the property that constitute a violation of

an ordinance, and order action to be taken as necessary to

remedy, alleviate, or remove any substandard building found to

exist;

(4) issue orders or directives to any peace officer of the

state, including a sheriff or constable or the chief of police of

the municipality, to enforce and carry out the lawful orders or

directives of the commission panel;

(5) determine the amount and duration of the civil penalty the

municipality may recover as provided by Section 54.017.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 4, eff.

Sept. 1, 1993.

Sec. 54.037. CIVIL PENALTY. (a) A determination made under

Section 54.036(5) is final and binding and constitutes prima

facie evidence of the penalty in any court of competent

jurisdiction in a civil suit brought by the municipality for

final judgment in accordance with the established penalty.

(b) To enforce any civil penalty under this subchapter, the

municipal secretary or clerk must file with the district clerk of

the county in which the municipality is located, a certified copy

of the order of the commission panel establishing the amount and

duration of the penalty. No other proof is required for a

district court to enter final judgment on the penalty.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 5, eff.

Sept. 1, 1993.

Sec. 54.038. VOTE. A majority vote of the members voting on a

matter is necessary to take any action under this subchapter and

any ordinance adopted by the municipality in accordance with this

subchapter.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 6, eff.

Sept. 1, 1993; Acts 2001, 77th Leg., ch. 413, Sec. 7, eff. Sept.

1, 2001.

Sec. 54.039. JUDICIAL REVIEW. (a) Any owner, lienholder, or

mortgagee of record jointly or severally aggrieved by any

decision of a commission panel may present a petition to a

district court, duly verified, setting forth that the decision is

illegal, in whole or in part, and specifying the grounds of the

illegality. The petition must be presented to the court within

30 calendar days after the date a copy of the final decision of

the commission panel is personally delivered, mailed by first

class mail with certified return receipt requested, or delivered

by the United States Postal Service using signature confirmation

service, to all persons to whom notice is required to be sent

under Section 54.035. The commission panel shall deliver or mail

that copy promptly after the decision becomes final. In

addition, an abbreviated copy of the order shall be published one

time in a newspaper of general circulation in the municipality

within 10 calendar days after the date of the delivery or mailing

of the copy as provided by this subsection, including the street

address or legal description of the property; the date of the

hearing, a brief statement indicating the results of the order,

and instructions stating where a complete copy of the order may

be obtained, and, except in a municipality with a population of

1.9 million or more, a copy shall be filed in the office of the

municipal secretary or clerk.

(b) On presentation of the petition, the court may allow a writ

of certiorari directed to the commission panel to review the

decision of the commission panel and shall prescribe in the writ

the time, which may not be less than 10 days, within which a

return on the writ must be made and served on the relator or the

relator's attorney.

(c) The commission panel may not be required to return the

original papers acted on by it. It is sufficient for the

commission panel 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 for the decision

appealed from and shall be verified.

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

decision appealed from.

(f) The district court's review 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 commission panel.

(h) If the decision of the commission panel 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 as

well as all persons found to be in occupation of the property

subject to the proceedings before the commission panel.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 7, eff.

Sept. 1, 1993; Acts 2001, 77th Leg., ch. 413, Sec. 8, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 701, Sec. 1, eff. Sept. 1,

2003.

Amended by:

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

370, Sec. 2, eff. June 15, 2007.

Sec. 54.040. LIEN; ABSTRACT. (a) An order issued under Section

54.036, including any civil penalties assessed under Section

54.036(5), is enforceable in the same manner as provided in

Sections 214.001(k), (m), (n), and (o). An abstract of judgment

shall be ordered against all parties found to be the owners of

the subject property or in possession of that property.

(b) A lienholder does not have standing to bring a proceeding

under Section 54.039 on the ground that the lienholder was not

notified of the proceedings before the commission panel or was

unaware of the condition of the property, unless the lienholder

had first appeared before the commission panel and entered an

appearance in opposition to the proceedings.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 8, eff.

Sept. 1, 1993.

Amended by:

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

1141, Sec. 1, eff. September 1, 2009.

Sec. 54.041. COMMISSION PANEL DECISION FINAL. If no appeals are

taken from the decision of the commission panel within the

required period, the decision of the commission panel is, in all

things, final and binding.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 836, Sec. 9, eff.

Sept. 1, 1993.

Sec. 54.042. MUNICIPAL COURT PROCEEDING NOT AFFECTED. This

subchapter does not affect the ability of a municipality to

proceed under the jurisdiction of the municipal court.

Added by Acts 1989, 71st Leg., ch. 1113, Sec. 1, eff. Aug. 28,

1989.

Sec. 54.043. ALTERNATIVE ADJUDICATION PROCESSES. A municipality

by ordinance may adopt a civil adjudication process, as an

alternative to the enforcement process prescribed by the other

provisions of this subchapter, for the enforcement of ordinances

described by Section 54.032. The alternative process must contain

provisions relating to notice, the conduct of proceedings,

permissible orders, penalties, and judicial review that are

similar to the provisions of this subchapter.

Added by Acts 1997, 75th Leg., ch. 582, Sec. 2, eff. June 2,

1997.

Sec. 54.044. ALTERNATIVE PROCEDURE FOR ADMINISTRATIVE HEARING.

(a) As an alternative to the enforcement processes described by

this subchapter, a municipality by ordinance may adopt a

procedure for an administrative adjudication hearing under which

an administrative penalty may be imposed for the enforcement of

an ordinance described by Section 54.032 or adopted under Section

214.001(a)(1).

(b) A procedure adopted under this section must entitle the

person charged with violating an ordinance to a hearing and must

provide for:

(1) the period during which a hearing shall be held;

(2) the appointment of a hearing officer with authority to

administer oaths and issue orders compelling the attendance of

witnesses and the production of documents; and

(3) the amount and disposition of administrative penalties,

costs, and fees.

(c) A municipal court may enforce an order of a hearing officer

compelling the attendance of a witness or the production of a

document.

(d) A citation or summons issued as part of a procedure adopted

under this section must:

(1) notify the person charged with violating the ordinance that

the person has the right to a hearing; and

(2) provide information as to the time and place of the hearing.

(e) The original or a copy of the summons or citation shall be

kept as a record in the ordinary course of business of the

municipality and is rebuttable proof of the facts it states.

(f) The person who issued the citation or summons is not

required to attend a hearing under this section.

(g) A person charged with violating an ordinance who fails to

appear at a hearing authorized under this section is considered

to admit liability for the violation charged.

(h) At a hearing under this section, the hearing officer shall

issue an order stating:

(1) whether the person charged with violating an ordinance is

liable for the violation; and

(2) the amount of a penalty, cost, or fee assessed against the

person.

(i) An order issued under this section may be filed with the

clerk or secretary of the municipality. The clerk or secretary

shall keep the order in a separate index and file. The order may

be recorded using microfilm, microfiche, or data processing

techniques.

(j) An order issued under this section against a person charged

with an ordinance violation may be enforced by:

(1) filing a civil suit for the collection of a penalty assessed

against the person; and

(2) obtaining an injunction that:

(A) prohibits specific conduct that violates the ordinance; or

(B) requires specific conduct necessary for compliance with the

ordinance.

(k) A person who is found by a hearing officer to have violated

an ordinance may appeal the determination by filing a petition in

municipal court before the 31st day after the date the hearing

officer's determination is filed. An appeal does not stay

enforcement and collection of the judgment unless the person,

before filing the appeal, posts a bond with an agency designated

for that purpose by the municipality.

Added by Acts 2001, 77th Leg., ch. 413, Sec. 9, eff. Sept. 1,

2001.