Sec. 214.219. MINIMUM HABITABILITY STANDARDS FOR MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES. (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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1127 (H.B. 1819), Sec. 1, eff. June 19, 2009.
Structure Texas Statutes
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 G. Building and Rehabilitation Codes
Section 214.212. International Residential Code
Section 214.214. National Electrical Code
Section 214.215. Adoption of Rehabilitation Codes or Provisions
Section 214.216. International Building Code
Section 214.217. Notice Regarding Model Code Adoption or Amendment in Certain Municipalities
Section 214.218. Immediate Effect of Certain Codes or Provisions Delayed