reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter A. Dangerous Structures › Section 214.00111. Additional Authority to Preserve Substandard Building as Historic Property

Sec. 214.00111.  ADDITIONAL AUTHORITY TO PRESERVE SUBSTANDARD BUILDING AS HISTORIC PROPERTY.  (a)  This section applies only to a municipality that is designated as a certified local government by the state historic preservation officer as provided by 16 U.S.C.A. Section 470 et seq.
(b)  This section does not apply to an owner-occupied, single-family dwelling.
(c)  Before a notice is sent or a hearing is conducted under Section 214.001, the historic preservation board of a municipality may review a building described by Section 214.001(a) to determine whether the building can be rehabilitated and designated:
(1)  on the National Register of Historic Places;
(2)  as a Recorded Texas Historic Landmark;  or
(3)  as historic property through a municipal historic designation.
(d)  If a municipal historic preservation board reviews a building, the board shall submit a written report to the municipality indicating the results of the review conducted under this section before a public hearing is conducted under Section 214.001.
(e)  If the municipal historic preservation board report determines that the building may not be rehabilitated and designated as historic property, the municipality may proceed as provided by Section 214.001.
(f)  If the municipal historic preservation board report determines that the building may be rehabilitated and designated as historic property, the municipality may not permit the building to be demolished for at least 90 days after the date the report is submitted.  During this 90-day period, the municipality shall notify the owner and attempt to identify a feasible alternative use for the building or locate an alternative purchaser to rehabilitate and maintain the building.  If the municipality is not able to locate the owner or if the owner does not respond within the 90-day period, the municipality may appoint a receiver as provided by Section 214.003.
(g)  The municipality may require the building to be demolished as provided by Section 214.001 after the expiration of the 90-day period if the municipality is not able to:
(1)  identify a feasible alternative use for the building;
(2)  locate an alternative purchaser to rehabilitate and maintain the building;  or
(3)  appoint a receiver for the building as provided by Section 214.003.
(h)  An owner of a building described by Section 214.001(a) is not liable for penalties related to the building that accrue during the 90-day period provided for disposition of historic property under this section.
Added by Acts 1995, 74th Leg., ch. 158, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter A. Dangerous Structures › Section 214.002. Requiring Repair, Removal, or Demolition of Building or Other Structure

Sec. 214.002.  REQUIRING REPAIR, REMOVAL, OR DEMOLITION OF BUILDING OR OTHER STRUCTURE.  (a)  If the governing body of a municipality finds that a building, bulkhead or other method of shoreline protection, fence, shed, awning, or other structure, or part of a structure, is likely to endanger persons or property, the governing body may:
(1)  order the owner of the structure, the owner's agent, or the owner or occupant of the property on which the structure is located to repair, remove, or demolish the structure, or the part of the structure, within a specified time;  or
(2)  repair, remove, or demolish the structure, or the part of the structure, at the expense of the municipality, on behalf of the owner of the structure or the owner of the property on which the structure is located, and assess the repair, removal, or demolition expenses on the property on which the structure was located.
(b)  The governing body shall provide by ordinance for:
(1)  the assessment of repair, removal, or demolition expenses incurred under Subsection (a)(2);
(2)  a method of giving notice of the assessment;  and
(3)  a method of recovering the expenses.
(c)  The governing body may punish by a fine, confinement in jail, or both a person who does not comply with an order issued under Subsection (a)(1).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 743, Sec. 4, eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 219, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter A. Dangerous Structures › Section 214.004. Seizure and Sale of Property to Recover Expenses

Sec. 214.004.  SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES.  A Type A general-law municipality or home-rule municipality may foreclose a lien on property under this subchapter:
(1)  in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code;   or
(2)  in a judicial proceeding, if:
(A)  a building or other structure on the property has been demolished;
(B)  a lien for the cost of the demolition of the building or other structure on the property has been created and that cost has not been paid more than 180 days after the date the lien was filed;  and
(C)  ad valorem taxes are delinquent on all or part of the property.
Added by Acts 1995, 74th Leg., ch. 1017, Sec. 5, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 470, Sec. 1, eff. May 30, 1997.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter A. Dangerous Structures › Section 214.005. Property Bid Off to Municipality

Sec. 214.005.  PROPERTY BID OFF TO MUNICIPALITY.  A municipality may adopt an ordinance under Section 214.001(a) that applies to property that has been bid off to the municipality under Section 34.01(j), Tax Code.
Added by Acts 2001, 77th Leg., ch. 413, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter B. Plumbing and Sewers › Section 214.011. Plumbing Inspector

Sec. 214.011.  PLUMBING INSPECTOR.  (a)  If a municipality does not have a special charter that provides for an inspector of plumbing, the governing body of the municipality may appoint an inspector of plumbing for a term fixed by the governing body.
(b)  The same individual may serve as plumbing inspector and municipal engineer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(k), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter B. Plumbing and Sewers › Section 214.012. Sewers and Plumbing

Sec. 214.012.  SEWERS AND PLUMBING.  A municipality that has underground sewers or cesspools shall regulate by ordinance:
(1)  the tapping of the sewers and cesspools;  and
(2)  house draining and plumbing.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter B. Plumbing and Sewers › Section 214.013. Sewer Connections

Sec. 214.013.  SEWER CONNECTIONS.  (a)  A municipality may:
(1)  provide for a sanitary sewer system;  and
(2)  require property owners to connect to the sewer system.
(b)  If an owner does not connect to the sewer system, the municipality may:
(1)  fix a lien against the owner's property;
(2)  charge the cost of the connection to the owner as a personal liability;  and
(3)  impose a penalty on the owner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 51, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter B. Plumbing and Sewers › Section 214.014. Drains, Sinks, and Privies

Sec. 214.014.  DRAINS, SINKS, AND PRIVIES.  (a)  The governing body of a Type A general-law municipality may, by resolution or ordinance, order the owner of a private drain, sink, or privy to fill up, clean, drain, alter, relay, repair, or improve the drain, sink, or privy.
(b)  If the order cannot be served on a person in the municipality, the municipality may have the work done on behalf of the owner.  The municipality may fix a lien on the owner's property for expenses incurred in having the work done.  The lien is created when the mayor of the municipality files and records a memorandum, under the seal of the municipality, with the clerk of the district court.
(c)  The municipality may enforce the lien and may obtain in any court having jurisdiction a judgment against the owner for the amount of the expenses.
(d)  The governing body may punish by a fine a person who does not comply with an order adopted under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter B. Plumbing and Sewers › Section 214.015. Seizure and Sale of Property to Recover Expenses

Sec. 214.015.  SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES.  A home-rule municipality or Type A general-law municipality may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code.
Added by Acts 1995, 74th Leg., ch. 1017, Sec. 6, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter C. Swimming Pools and Spas › Section 214.102. Seizure and Sale of Property to Recover Expenses

Sec. 214.102.  SEIZURE AND SALE OF PROPERTY TO RECOVER EXPENSES.  A municipality may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code.
Added by Acts 1995, 74th Leg., ch. 1017, Sec. 7, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter C. Swimming Pools and Spas › Section 214.103. International Swimming Pool and Spa Code

Sec. 214.103.  INTERNATIONAL SWIMMING POOL AND SPA CODE.  (a)  In this section, "International Swimming Pool and Spa Code" means the International Swimming Pool and Spa Code promulgated by the International Code Council.
(b)  To protect the public health, safety, and welfare, the International Swimming Pool and Spa Code, as it existed on May 1, 2019, is adopted as the municipal swimming pool and spa code in this state. A municipality may adopt a more recent version of the International Swimming Pool and Spa Code to apply in the municipality.
(b-1)  To the extent a provision of a code adopted by a municipality under Subsection (b) conflicts with a law of this state or a regulation on pool operation and management, water quality, safety standards unrelated to design and construction, signage, or enclosures, the law or regulation controls.
(c)  The International Swimming Pool and Spa Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in a municipality that elects to regulate pools or spas, including under Section 214.101.
(d)  A municipality may establish procedures for:
(1)  the adoption of local amendments to the International Swimming Pool and Spa Code; and
(2)  the administration and enforcement of the International Swimming Pool and Spa Code.
(e)  A municipality may review and adopt amendments made by the International Code Council to the International Swimming Pool and Spa Code after May 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 1145 (H.B. 2858), Sec. 2, eff. September 1, 2020.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1013 (H.B. 2205), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter D. Building Lines › Section 214.131. Definitions

Sec. 214.131.  DEFINITIONS.  In this subchapter:
(1)  "Street" means a public highway, boulevard, parkway, square, or street, or a part or side of any of these.
(2)  "Structure" means a building or other structure, or a part of a building or other structure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 213.001 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter D. Building Lines › Section 214.132. Building Lines Authorized

Sec. 214.132.  BUILDING LINES AUTHORIZED.  The governing body of a municipality may, by resolution or ordinance, establish a building line on a street in the municipality.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 213.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter D. Building Lines › Section 214.133. Activity Prohibited Within Building Line

Sec. 214.133.  ACTIVITY PROHIBITED WITHIN BUILDING LINE.  In the area between a street and a building line established under this subchapter for the street, the erection, re-erection, reconstruction, or substantial repair of a structure is prohibited.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 213.003 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter D. Building Lines › Section 214.134. Resolution or Ordinance

Sec. 214.134.  RESOLUTION OR ORDINANCE.  (a)  In adopting a resolution or ordinance that establishes a building line, a municipality must follow the same procedure that it is authorized by law to use to acquire land for the opening of streets.
(b)  The resolution or ordinance must:
(1)  describe the street affected and the location of the building line;  and
(2)  provide a period, not to exceed 25 years after the date on which the line is established, during which structures extending into the area between the street and the building line must be brought into conformance with the line.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 213.004 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter D. Building Lines › Section 214.135. Condemnation of Easements and Interests; Assessments

Sec. 214.135.  CONDEMNATION OF EASEMENTS AND INTERESTS;  ASSESSMENTS.  (a)  A municipality must follow the same procedure that it is authorized by law to use to open streets when the municipality:
(1)  institutes and conducts a condemnation proceeding to condemn an easement or interest necessary to establish a building line;  or
(2)  imposes and collects an assessment based on the benefits arising out of the establishment of a building line against the property owner and property abutting or in the vicinity of the building line.
(b)  If, in the condemnation of a tract, the ownership of the tract or the interests in the tract are in controversy or unknown, an award for the tract may be made in bulk and paid into court for the use of the parties owning or interested in the tract as their ownership or interest appears.
(c)  When the award and findings of the special commissioners, who are appointed under Chapter 21, Property Code, are filed with the court having jurisdiction over the condemnation proceedings, the award and findings are final and shall be made the judgment of the court.  Compensation is due and payable on rendition of the judgment by the court adopting the award.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 213.005 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter D. Building Lines › Section 214.136. Condemnation of Property

Sec. 214.136.  CONDEMNATION OF PROPERTY.  (a)  Before or after expiration of the period for conformance set under Section 214.134(b)(2), a municipality, following the same procedure that it is authorized by law to use to institute condemnation proceedings, may:
(1)  remove a structure and condemn property in the area between a street and a building line;  and
(2)  impose an assessment against property owners and property that is benefitted by the establishment of the building line to the extent of the benefit.
(b)  The municipality must provide notice and a hearing to the owner of affected property for the determination of:
(1)  additional damages sustained by the removal of a structure or the taking of land in the area between a street and a building line;  or
(2)  the assessment to be imposed against a property owner and the property.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 213.006 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(4), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.161. Municipality Covered by Subchapter

Sec. 214.161.  MUNICIPALITY COVERED BY SUBCHAPTER.  This subchapter applies only to a municipality with a population of more than 1.18 million located primarily in a county with a population of 2.5 million or more.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 94, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 74, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 79, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 143, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.162. Definitions

Sec. 214.162.  DEFINITIONS.  In this subchapter:
(1)  "Commercial building" means a building that is not a single family residence.
(2)  "Permit department" means the municipal agency that is authorized to issue commercial building permits.
(3)  "Subdivider" means a person who divides a tract of real property under circumstances to which Subchapter A, Chapter 212 applies.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.012 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.163. Permit Application Requirements; Issuance of Permit

Sec. 214.163.  PERMIT APPLICATION REQUIREMENTS;  ISSUANCE OF PERMIT.  (a)  A person who desires to obtain a commercial building permit must file with the permit application a certified copy of any instrument that contains a restriction on the use of or on construction on the affected property and must also include a certified copy of any amendment, judgment, or other document that affects the use of the property.
(b)  The permit department shall issue a permit for construction or repair that conforms to all restrictions relating to the use of the property described in the application if the applicant for the permit has complied with this subchapter and with local ordinances relating to commercial building permits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.013 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.164. Filing of Plat and Restrictions; Effect on Permit

Sec. 214.164.  FILING OF PLAT AND RESTRICTIONS;  EFFECT ON PERMIT.  (a)  At the time that a subdivider files a plat of a proposed subdivision for recording, the subdivider shall file with the permit department two copies of the subdivision plat and of any restrictions relating to the property included in the plat.
(b)  The permit department shall securely keep one copy of the plat and restrictions as a permanent record.
(c)  A person who desires to obtain a commercial building permit for property that is included in a plat or restrictions on file with the permit department is not required to file a copy of the plat and the restrictions with the permit application.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.014 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.165. Repairs; Conversions

Sec. 214.165.  REPAIRS;  CONVERSIONS.  (a)  A person who proposes to substantially repair or remodel a commercial building located within a subdivision or to convert a single family residence into a commercial building must obtain a commercial building permit from the permit department.
(b)  This section does not apply to a violation of a restrictive covenant that occurred before May 18, 1965, if the violation retains the status existing on that date.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.015 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.166. Injunction

Sec. 214.166.  INJUNCTION.  (a)  A person who, without obtaining a permit, attempts to construct or repair any structure for which a commercial building permit is required may be enjoined from any further construction activity until the person complies with this subchapter.
(b)  The municipality may join with an interested property owner in a suit to enjoin further construction activity by a person who does not have a permit issued in compliance with this subchapter if the structure or proposed structure violates a restriction contained in the deed or other instrument.
(c)  A municipality may join with an interested property owner in a suit to enjoin the maintenance of a commercial building by a person who does not have a permit in compliance with this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.016 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.167. Review of Refusal to Issue Permit

Sec. 214.167.  REVIEW OF REFUSAL TO ISSUE PERMIT.  (a)  An administrative refusal to issue a commercial building permit based on a violation of restrictions contained in a deed or other instrument is reviewable by a court of competent jurisdiction if, during the 90-day period after the day on which the permit is refused, the person contesting the refusal gives notice to the permit department that the suit has been filed.
(b)  If conditions in a subdivision change or if other legally sufficient reasons to modify the restrictions occur, a person who has been refused a commercial building permit may petition a court of competent jurisdiction to alter the restrictions to better conform to present conditions.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.017 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter E. Commercial Building Permits in Certain Populous Municipalities › Section 214.168. Void Permits

Sec. 214.168.  VOID PERMITS.  A commercial permit obtained without full compliance with this subchapter is void.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 230.018 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(5), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.191. Definitions

Sec. 214.191.  DEFINITIONS.  In this subchapter:
(1)  "Alarm system" means a device or system that transmits a signal intended to summon police of a municipality in response to a burglary.  The term includes an alarm that emits an audible signal on the exterior of a structure.  The term does not include an alarm installed on a vehicle, unless the vehicle is used for a habitation at a permanent site, or an alarm designed to alert only the inhabitants within the premises.
(2)  "Permit" means a certificate, license, permit, or other form of permission that authorizes a person to engage in an action.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.001 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.1915. Applicability

Sec. 214.1915.  APPLICABILITY.  This subchapter applies only to a municipality with a population of less than 100,000 that is  located wholly in a county with a population of less than 500,000.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.192. Categories of Alarm Systems

Sec. 214.192.  CATEGORIES OF ALARM SYSTEMS.  The category of alarm system to be regulated is burglary.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.002 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.193. Duration of Municipal Permit

Sec. 214.193.  DURATION OF MUNICIPAL PERMIT.  (a)  If a municipality adopts an ordinance that requires a person to obtain a permit from the municipality before a person may use an alarm system in the municipality, the ordinance must provide that the permit is valid for at least one year.
(b)  This requirement does not affect the authority of the municipality to:
(1)  revoke, suspend, or otherwise affect the duration of a permit for disciplinary reasons at any time during the period for which the permit is issued;  or
(2)  make a permit valid for a period of less than one year if necessary to conform the permit to the termination schedule established by the municipality for permits.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.194. Municipal Permit Fee Generally

Sec. 214.194.  MUNICIPAL PERMIT FEE GENERALLY.  (a)  If a municipality adopts an ordinance that requires a person to pay an annual fee to obtain a permit from the municipality before the person may use an alarm system in the municipality, the fee shall be used for the general administration of this subchapter, including the provision of responses generally required to implement this subchapter other than specific responses to false alarms.
(b)  A municipal permit fee imposed under this section may not exceed the rate of $50 a year for a residential location.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.004 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.195. Nonrenewal or Revocation of Permit and Termination of Municipal Response; Discrimination Prohibited

Sec. 214.195.  NONRENEWAL OR REVOCATION OF PERMIT AND TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED.  (a)  Except as provided in Subsection (d), a municipality may not terminate its law enforcement response to a residential permit holder because of excess false alarms if the false alarm fees are paid in full.
(b)  In permitting free false alarm responses and in setting false alarm fees, a municipality must administer any ordinance on a fair and equitable basis as determined by the governing body.
(c)  A municipality may not terminate an alarm permit for nonrenewal without providing at least 30 days' notice.
(d)  A municipality may revoke or refuse to renew the permit of an alarm system that has had eight or more false alarms during the preceding 12-month period.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.005 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.1955. Multiunit Housing Facilities

Sec. 214.1955.  MULTIUNIT HOUSING FACILITIES.  (a)  A municipality may not refuse to issue an alarm system permit for a residential location solely because the residential location is an individual residential unit located in a multiunit housing facility.
(b)  In issuing an alarm system permit for an alarm installed in an individual residential unit of a multiunit housing facility, the municipality shall issue the permit to the person occupying the individual residential unit.
(c)  A municipality may impose a penalty under Section 214.197 for the signaling of a false alarm on the premises of a multiunit housing facility for a facility other than an individual residential unit only if the permit holder is notified of:
(1)  the date of the signaling of the false alarm;
(2)  the address of the multiunit housing facility where the signaling of the false alarm occurred; and
(3)  the identification of the individual facility, if applicable, located on the multiunit housing facility premises where the signaling of the false alarm occurred.
Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.196. On-Site Inspection Required

Sec. 214.196.  ON-SITE INSPECTION REQUIRED.  A municipality may not consider a false alarm to have occurred unless a response is made by an agency of the municipality within 30 minutes of the alarm notification and the agency determines from an inspection of the interior or exterior of the premises that the alarm was false.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.197. Penalties for False Alarms

Sec. 214.197.  PENALTIES FOR FALSE ALARMS.  A municipality may impose a penalty for the signaling of a false alarm by a burglar alarm system if at least three other false alarms have occurred during the preceding 12-month period.  The amount of the penalty for the signaling of a false alarm as described by Section 214.196 may not exceed:
(1)  $50, if the location has had more than three but fewer than six other false alarms in the preceding 12-month period;
(2)  $75, if the location has had more than five but fewer than eight other false alarms in the preceding 12-month period; or
(3)  $100, if the location has had eight or more other false alarms in the preceding 12-month period.
Added by Acts 1991, 72nd Leg., ch. 550, Sec. 1, eff. Sept. 1, 1991.  Renumbered from Sec. 218.007 by Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(6), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.198. Verification

Sec. 214.198.  VERIFICATION.  A municipality may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the municipality responds to the alarm signal.
Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.199. Exception of Municipality From Alarm System Response

Sec. 214.199.  EXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM RESPONSE.  (a)  The governing body of a municipality may not adopt an ordinance providing that law enforcement personnel of the municipality will not respond to any alarm signal indicated by an alarm system in the municipality unless, before adopting the ordinance, the governing body of the municipality:
(1)  makes reasonable efforts to notify permit holders of its intention to adopt the ordinance; and
(2)  conducts a public hearing at which persons interested in the response of the municipality to alarm systems are given the opportunity to be heard.
(b)  A municipality that adopts an ordinance under this section may not impose or collect any fine, fee, or penalty otherwise authorized by this subchapter.
(c)  A municipality that adopts or proposes to adopt an ordinance under this section may notify permit holders that a permit holder may contract with a security services provider licensed by the Texas Private Security Board under Chapter 1702, Occupations Code, to respond to an alarm.  The notice, if given, must include the board's telephone number and Internet website address.
Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 6, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 232 (H.B. 1784), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. Burglar Alarm Systems in Certain Municipalities Wholly Located in Certain Counties › Section 214.200. Priority or Level of Response Not Affected; Liability of Municipality for Nonresponse

Sec. 214.200.  PRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; LIABILITY OF MUNICIPALITY FOR NONRESPONSE.  (a)  Nothing in this subchapter:
(1)  affects the priority or level of response provided by a municipality to a permitted location; or
(2)  waives the governmental immunity provided by law for a municipality.
(b)  A municipality that does not respond to an alarm signal is not liable for damages that may occur relating to the cause of the alarm signal.
Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. -1. Burglar Alarm Systems in Large Municipalities and Municipalities Wholly or Partly Located in Large Counties › Section 214.201. Definitions

Sec. 214.201.  DEFINITIONS.  In this subchapter:
(1)  "Alarm system" and "permit" have the meanings assigned by Section 214.191.
(2)  "Alarm systems monitor" means a person who acts as an alarm systems company under Section 1702.105, Occupations Code.
(3)  "False alarm" means a notification of possible criminal activity reported to law enforcement:
(A)  that is based solely on electronic information remotely received by an alarm systems monitor;
(B)  that is uncorroborated by eyewitness, video, or photographic evidence that an emergency exists; and
(C)  concerning which an agency of the municipality has verified that no emergency exists after an on-site inspection  of the location from which the notification originated.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. -1. Burglar Alarm Systems in Large Municipalities and Municipalities Wholly or Partly Located in Large Counties › Section 214.2015. Applicability

Sec. 214.2015.  APPLICABILITY.  This subchapter does not apply to a municipality to which Subchapter F applies.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. -1. Burglar Alarm Systems in Large Municipalities and Municipalities Wholly or Partly Located in Large Counties › Section 214.202. Categories of Alarm Systems

Sec. 214.202.  CATEGORIES OF ALARM SYSTEMS.  The category of alarm system to be regulated is burglary.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. -1. Burglar Alarm Systems in Large Municipalities and Municipalities Wholly or Partly Located in Large Counties › Section 214.203. Duration of Municipal Permit

Sec. 214.203.  DURATION OF MUNICIPAL PERMIT.  (a)  If a municipality adopts an ordinance that requires a person to obtain a permit from the municipality before a person may use an alarm system in the municipality, the ordinance must provide that the  permit is valid for at least one year.
(b)  This requirement does not affect the authority of the municipality to:
(1)  revoke, suspend, or otherwise affect the duration of a permit for disciplinary reasons at any time during the period for which the permit is issued; or
(2)  make a permit valid for a period of less than one year if necessary to conform the permit to the termination schedule established by the municipality for permits.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. -1. Burglar Alarm Systems in Large Municipalities and Municipalities Wholly or Partly Located in Large Counties › Section 214.204. Municipal Permit Fee Generally

Sec. 214.204.  MUNICIPAL PERMIT FEE GENERALLY.  (a)  If a municipality adopts an ordinance that requires a person to pay an annual fee to obtain a permit from the municipality before the person may use an alarm system in the municipality, the fee shall be used for the general administration of this subchapter, including the provision of responses generally required to implement this subchapter other than specific responses to false alarms.
(b)  A municipal permit fee imposed under this section for an alarm system may not exceed the rate of:
(1)  $50 a year for a residential location; and
(2)  $250 a year for other alarm system locations.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle A - Municipal Regulatory Authority › Chapter 214 - Municipal Regulation of Housing and Other Structures › Subchapter F. -1. Burglar Alarm Systems in Large Municipalities and Municipalities Wholly or Partly Located in Large Counties › Section 214.205. Nonrenewal or Revocation of Permit; Termination of Municipal Response; Discrimination Prohibited

Sec. 214.205.  NONRENEWAL OR REVOCATION OF PERMIT; TERMINATION OF MUNICIPAL RESPONSE; DISCRIMINATION PROHIBITED.  (a)  Except as provided by Subsection (d), a municipality may not terminate its law enforcement response to a residential permit holder because of excess false alarms if the false alarm fees are paid in full.
(b)  In permitting free false alarm responses and in setting false alarm fees, a municipality must administer any ordinance on a fair and equitable basis as determined by the governing body.
(c)  A municipality may not terminate an alarm permit for nonrenewal without providing at least 30 days' notice.
(d)  A municipality may revoke or refuse to renew the permit of an alarm system that has had eight or more false alarms during the preceding 12-month period.
Added by Acts 2015, 84th Leg., R.S., Ch. 930 (H.B. 2162), Sec. 3, eff. September 1, 2015.