By:  Yarbrough                                        H.B. No. 1279
       73R5411 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to city and county procedures for abating certain
    1-3  nuisances.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 5.09(b), (c), and (e), Chapter 741, Acts
    1-6  of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
    1-7  Vernon's Texas Civil Statutes), are amended to read as follows:
    1-8        (b)  For a nuisance on private property, the procedures must
    1-9  require not less than five <10> days' notice stating the nature of
   1-10  the public nuisance on private property, that it must be removed
   1-11  and abated within five <10> days, and that a request for a hearing
   1-12  must be made before expiration of the five-day <10-day> period.
   1-13  The notice must be mailed, by certified mail with a three-day
   1-14  <5-day> return requested, to the last known registered owner of the
   1-15  junked motor vehicle, any lien holder of record, and to the owner
   1-16  or occupant of the private premises on which the public nuisance
   1-17  exists.  If the post office address of the last known registered
   1-18  owner of the motor vehicle is unknown, notice to the last known
   1-19  registered owner may be placed on the motor vehicle, or, if the
   1-20  last known registered owner is physically located, the notice may
   1-21  be hand delivered.  If any notice is returned undelivered by the
   1-22  United States Post Office, official action to abate the nuisance
   1-23  shall be continued to a date not less than five <10> days after the
   1-24  date of the return.
    2-1        (c)  For a nuisance on public property, the procedures must
    2-2  require not less than five <10> days' notice, stating the nature of
    2-3  the public nuisance on public property or on a public right-of-way,
    2-4  that the nuisance must be removed and abated within five <10> days,
    2-5  and that a request for a hearing must be made before expiration of
    2-6  the five-day <10 day> period.  The notice must be mailed, by
    2-7  certified mail with a three-day <5-day> return requested, to the
    2-8  last known registered owner of the junked motor vehicle, any lien
    2-9  holder of record, and to the owner or occupant of the public
   2-10  premises or to the owner or occupant of the premises adjacent to
   2-11  the public right-of-way on which the public nuisance exists.  If
   2-12  the post office address of the last known registered owner of the
   2-13  motor vehicle is unknown, notice to the last known registered owner
   2-14  may be placed on the motor vehicle, or, if the last known
   2-15  registered owner is physically located, the notice may be hand
   2-16  delivered.  If any notice is returned undelivered by the United
   2-17  States Post Office, official action to abate the nuisance shall be
   2-18  continued to a date not less than five <10> days after the date of
   2-19  the return.
   2-20        (e)  The procedures must require a public hearing before the
   2-21  removal of the vehicle or vehicle part as a public nuisance.  The
   2-22  hearing shall be held before the governing body of the city, town,
   2-23  or county or any board, commission, or official of the city, town,
   2-24  or county as designated by the governing body, if a hearing is
   2-25  requested by the owner or occupant of the public or private
   2-26  premises or by the owner or occupant of the premises adjacent to
   2-27  the public right-of-way on which the vehicle is located, within
    3-1  five <10> days after service of notice to abate the nuisance.  At
    3-2  the hearing it is presumed, unless demonstrated otherwise by the
    3-3  owner, that the vehicle is inoperable.  A resolution or order
    3-4  requiring the removal of a vehicle or vehicle part must include a
    3-5  description of the vehicle and the correct identification number
    3-6  and license number of the vehicle if the information is available
    3-7  at the site.
    3-8        SECTION 2.  This Act takes effect September 1, 1993.  The
    3-9  changes in law made by this Act apply only to procedures for the
   3-10  abatement and removal of a junked vehicle from private or public
   3-11  property that are adopted or amended by a city, town, or county on
   3-12  or after that date.  Procedures for the abatement and removal of a
   3-13  junked vehicle from public or private property that were adopted by
   3-14  a city, town, or county before the effective date of this Act and
   3-15  have not been amended since that date are governed by the law in
   3-16  effect at the time the procedures were adopted or most recently
   3-17  amended, and the former law is continued in effect for that
   3-18  purpose.
   3-19        SECTION 3.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.