By: Thierry H.B. No. 3871       A BILL TO BE ENTITLED   AN ACT   relating to substandard residential building fines issued by   certain municipalities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 214, Local Government   Code, is amended by adding Section 214.906 to read as follows:          Sec. 214.906.  SUBSTANDARD RESIDENTIAL BUILDING FINE ISSUED   BY CERTAIN MUNICIPALITIES. (a) This section applies only to a   municipality located in a county with a population of 3.3 million or   more.           (b)  In this section:                (1)  "Residential building" means:                      (A)  a single-family residential building leased   or rented by the owner of the building to another person; or                      (B)  a multifamily residential building   containing more than one dwelling unit leased or rented by the owner   of the building to another person.                (2)  "Substandard residential building" means a   residential building that is:                      (A)   dilapidated or unfit for human habitation;   and                       (B)  a hazard to the public health, safety, or   welfare.                (3)  "Substandard residential building fine" means a   fine or penalty imposed by a municipality on the owner of a   substandard residential building under a municipal ordinance   applicable to the condition of the building.          (c)  An owner of a substandard residential building is   personally liable for the payment of a substandard residential   building fine imposed for the owner's building.          (d)  A municipality may file a lien in the manner prescribed   by this section on the property on which a substandard residential   building is located, and for which the owner has received a   substandard residential building fine, for the total amount of all   outstanding substandard residential building fines issued for the   property.          (e)  Before a municipality may file a lien on property under   this section, the municipality shall provide written notice to the   owner of the property.  The municipality must provide the notice not   earlier than the 30th day after the date the total amount of   outstanding substandard residential building fines issued for the   property first equals or exceeds $2,500.  The municipality must   provide the notice in person or by mail or, if personal service   cannot be obtained and the address of the owner of the property is   not known, by posting a copy of the notice conspicuously at the   property.  The notice must state:                (1)  the total amount of unpaid substandard residential   building fines issued for the property;                (2)  that the municipality will not file the lien   before the 31st day after the date the notice is provided under this   subsection; and                (3)  that the property owner is entitled to submit a   written request for a hearing before the 31st day after the date the   notice is provided under this subsection.          (f)  A hearing requested under Subsection (e) may be   conducted by the governing body of the municipality or by a board,   commission, or municipal officer designated by the governing body.     At the end of the hearing, the entity or officer that conducted the   hearing shall authorize the municipality to file the lien or   determine that the municipality may not file the lien.  The   municipality may not file the lien if the entity or officer   determines that the municipality may not file the lien.  If a   property owner does not request a hearing, the municipality may   file the lien on or after the 31st day after the date the   municipality provides the notice as required by Subsection (e).          (g)     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 reasonable effort, a legal   description of the property, and the amount of the unpaid balance of   the fine imposed by the municipality.          (h)  The lien is extinguished if the property owner or   another person pays the fine.  The lien is inferior to any   previously recorded bona fide mortgage lien attached to the   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 property is located before the date the fine was   imposed by the municipality. The municipality's lien is superior to   all other previously recorded judgment liens.          SECTION 2.  The change in law made by this Act applies only   to a substandard residential building fine, as defined by Section   214.906, Local Government Code, as added by this Act, that is issued   by a municipality on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2017.