Enrolled Bill Summary

House Bill 1159 amends provisions of the Health and Safety Code relating to public nuisances in unincorporated areas of a county. The act removes the minimum population bracket and makes public nuisance provisions applicable to all counties. The act expands the list of actions constituting a public nuisance to include discarding refuse on county-owned land and certain other land and easements. House Bill 1159 also clarifies that public nuisance provisions do not apply to agricultural land, land permitted and regulated by a state agency, or land licensed and permitted under the Solid Waste Disposal Act.

In addition, the act establishes provisions authorizing a county commissioners court to describe special exceptions to public nuisance provisions, to apply those descriptions to individual cases, and to authorize individual variances for similar situations not directly described by special exception provisions. The commissioners court is required to keep an official record and explanation of decisions made on special exceptions and variances.