Bill Caption

Relating to the authority of a municipality to file a lien for the costs of abatement of a floodplain ordinance violation.

Fiscal Notes

No fiscal implication to the State is anticipated. There would be costs incurred by a municipality that brings real property into floodplain management compliance if an owner fails to do so; Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Possible revenue gain from fines not anticipated to be significant.

Bill Analysis

Summary: Under current law, a local government may bring civil action against a party for a violation of ordinances related to floodplain control and administration. This amends Local Government Code to specifically include "the repair, removal, or demolition of a structure, fill, or other material illegally placed in the area of a designated floodplain" to the list of violations a local government may abate and charge back to the property owner.

Notes: We do not generally view protecting owners from themselves by doing work on their property which they refuse to do and then imposing a lien for noncompliance. However, current statute already allows local governments to do address floodplain violations in this way.  This legislation simply clarifies the law by adding specific violation abatements local governments may abate and charge back to the property owner. Because the underlying law is problematic for property rights, we are neutral on this bill.