By Brimer                                             H.B. No. 2197
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enactment by counties with a population of over
    1-3  1,000,000 of regulations governing litter disposal and removal of
    1-4  illegally dumped litter from private property.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 365, Texas Health and Safety Code, is
    1-7  amended by adding Section 365.017 to read as follows:
    1-8        SECTION 365.017.  COUNTY REGULATION OF LITTER.
    1-9        (a)  The commissioners court of a county with a population of
   1-10  one million or more may adopt regulations to control the disposal
   1-11  of litter and the removal of illegally dumped litter from private
   1-12  property in unincorporated areas of that county.
   1-13        (b)  Prior to the adoption of regulations the commissioners
   1-14  court of a county must find that the proposed regulations are
   1-15  necessary to promote the public health, safety and welfare of the
   1-16  residents of that county.
   1-17        (c)  The definition of Section 365.011, Health & Safety Code
   1-18  apply in this act.  "Illegally dumped litter" means litter dumped
   1-19  anywhere other than in an approved solid waste site.  "Litter" has
   1-20  the meaning assigned by Section 365.011 except that the term does
   1-21  not include equipment used for agriculture purposes.
   1-22        (d)  The regulations adopted by commissioners court may
   1-23  require the record property owners to pay for the cost of removal
    2-1  after the commissioners court has given the record property owners
    2-2  thirty (30) days written notice to remove the illegally dumped
    2-3  litter.
    2-4        (e)  Regulations adopted under this section are in addition
    2-5  to any other law regarding this issue and the stricter law shall
    2-6  apply.
    2-7        (f)  In addition to any other remedy provided by law, a
    2-8  district attorney, a county attorney, or the attorney general may
    2-9  bring a civil suit to enjoin violation of regulations adopted under
   2-10  this section and to recover the costs of removal of illegally
   2-11  dumped litter.  In such a suit the prevailing party may recover its
   2-12  reasonable attorneys fees, court and reasonable investigative costs
   2-13  incurred in  relation to that proceeding.
   2-14        SECTION 2.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.