Relating to the municipal issuance of a document verifying that a certificate of occupancy has been issued for certain buildings.
Summary
HB 4753 requires a municipality, upon request, to issue a document to a building owner confirming that the city has an original certificate of occupancy on file for that building. The bill applies only when the municipality has a record of the original certificate of occupancy, and it creates a formal substitute document that the owner can use to show occupancy status.
The bill also prohibits municipalities from adopting or enforcing rules that would require an owner who has received this verification document to obtain or display the original certificate of occupancy. In effect, it gives building owners an alternative proof of occupancy authorization and limits local government requirements that might otherwise demand the original certificate be produced or posted.
Impact
HB 4753 amends the Texas Local Government Code by adding Section 214.909 to Chapter 214, Subchapter Z. It changes municipal administrative practice by obligating cities to provide a verification document when requested and by restricting local ordinances or enforcement measures that would require the original certificate of occupancy once the substitute document has been issued. The bill affects municipalities and building owners, especially owners who need to demonstrate occupancy compliance without relying on the original certificate.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House overwhelmingly, 145-1, after earlier second-reading approval by 143-2, and it passed the Senate unanimously, 31-0. The final action indicates it became effective immediately, suggesting strong legislative agreement on the need for a simple administrative remedy.
Contention
There is little evidence of substantive opposition in the available record. The only notable dissent came from a very small number of House members on second and third reading, while the Senate vote was unanimous. Any contention likely centered on the extent to which the bill limits municipal discretion over occupancy-document requirements versus the benefit to property owners of having a city-issued verification document in lieu of the original certificate.
Relating to the rate of the hotel occupancy tax in certain municipalities and the use of certain revenue from that tax by those municipalities; authorizing an increase in the rate of a tax.
Relating to the rate of the hotel occupancy tax in certain municipalities and the use of certain revenue from that tax by those municipalities; authorizing an increase in the rate of a tax.