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.