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Texas Statutes (Last Updated: January 4, 2014) |
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LOCAL GOVERNMENT CODE |
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Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES |
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Subtitle A. MUNICIPAL REGULATORY AUTHORITY |
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Chapter 214. MUNICIPAL REGULATION OF HOUSING AND OTHER STRUCTURES |
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Subchapter G. BUILDING AND REHABILITATION CODES |
Sec. 214.219. MINIMUM HABITABILITY STANDARDS FOR MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES
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(a) This section applies only to a municipality with a population of 1.7 million or more. This section does not affect the authority of a municipality to which this section does not apply to enact or enforce laws relating to multi-family rental buildings.
(b) In this section:
(1) "Multi-family rental building" means a building that has three or more single-family residential units.
(2) "Unit" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants.
(c) A municipality shall adopt an ordinance to establish minimum habitability standards for multi-family rental buildings, including requiring maintenance of proper operating conditions.
(d) A municipality may establish other standards as necessary to reduce material risks to the physical health or safety of tenants of multi-family rental buildings.
(e) A municipality shall establish a program for the inspection of multi-family rental buildings to determine if the buildings meet the minimum required habitability standards. The program shall include inspections under the direction of:
(1) the municipality's building official, as defined by the International Building Code or by a local amendment to the code under Section 214.216;
(2) the chief executive of the municipality's fire department; and
(3) the municipality's health authority, as defined by Section 121.021, Health and Safety Code.
(f) A municipality may not order the closure of a multi-family rental building due to a violation of an ordinance adopted by the municipality relating to habitability unless the municipality makes a good faith effort to locate housing with comparable rental rates in the same school district for the residents displaced by the closure.
(g) The owner of a multi-family rental building commits an offense if the owner violates an ordinance adopted under this section. An offense under this subsection is a Class C misdemeanor. Each day the violation continues constitutes a separate offense.
(h) A municipality may impose a civil penalty under Section 54.017 for a violation of this section.