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.