LOCAL GOVERNMENT CODE
CHAPTER 54. ENFORCEMENT OF MUNICIPAL ORDINANCES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 7(a), 87(e), eff. Aug. 28,
1989.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Aug. 26, 1991.
§ 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, § 4, eff. Sept. 1, 2001.
SUBCHAPTER B. MUNICIPAL HEALTH AND SAFETY ORDINANCES
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 343, § 1, eff. June 14, 1989; Acts
1991, 72nd Leg., ch. 753, § 3, eff. June 16, 1991; Acts 1993,
73rd Leg., ch. 472, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987. Amended
by Acts 1993, 73rd Leg., ch. 472, § 2, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 1987.
SUBCHAPTER C. QUASI-JUDICIAL ENFORCEMENT OF HEALTH AND SAFETY
ORDINANCES
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1991, 72nd Leg., ch. 753, § 5, eff. June 16,
1991.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1997, 75th Leg., ch. 582, § 1, eff. June 2, 1997.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 1, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 413, § 3, eff. Sept. 1, 2001.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 2, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 413, § 5, eff. Sept. 1, 2001.
§ 54.035. NOTICE. (a) Notice of all proceedings
before the commission panels must be given:
(1) by personal delivery or by certified mail, return
receipt requested, 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 and/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.
(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 or lienholder 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 or lienholder when it
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 or lienholder 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 or lienholder 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 3, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 413, § 6, eff. Sept. 1, 2001.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 4, eff. Sept. 1,
1993.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 5, eff. Sept. 1,
1993.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 6, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 413, § 7, eff. Sept. 1, 2001.
§ 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 or mailed by first class mail, certified
return receipt requested, to all persons to whom notice is required
to be sent under Section 54.035. The commission panel shall
personally 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 7, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 413, § 8, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 701, § 1, eff. Sept. 1, 2003.
§ 54.040. LIEN; ABSTRACT. (a) An abstract of judgment
shall be issued 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 8, eff. Sept. 1,
1993.
§ 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, § 1, eff. Aug. 28, 1989.
Amended by Acts 1993, 73rd Leg., ch. 836, § 9, eff. Sept. 1,
1993.
§ 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, § 1, eff. Aug. 28, 1989.
§ 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, § 2, eff. June 2, 1997.
§ 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, § 9, eff. Sept. 1, 2001.
