85R14631 TJB-D     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 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   amount of the fine. 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. The lien is   extinguished if the property owner or another person having an   interest in the legal title to the property 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.