BILL ANALYSIS



S.B. 595
By: Bivins (Lewis, Ron)
May 8, 1995
Committee Report (Unamended)


BACKGROUND

Trash dumping has increasingly become a problem in rural areas due
to the increased costs of landfills.  This increase, along with
landfill bans on appliances and tires, has contributed to a rise in
illegal dumping across the state.  Counties currently lack the
authority to assess costs of abatement against persons illegally
dumping refuse on a county or utility easement.

PURPOSE

As proposed, S.B. 595 grants counties authority to abate a public
nuisance on certain property and assess costs of abatement.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Chapter 343, Health and Safety Code, by changing
           the heading to read as follows:

           CHAPTER 343.  ABATEMENT OF PUBLIC NUISANCES
     
SECTION 2  Amends Section 343.011, Health and Safety Code, as
           follows:

           Sec. 343.011.  New heading:  PUBLIC NUISANCE IN CERTAIN
           COUNTIES. 

           (a)  Provides that this section applies only to the
           unincorporated area of a county with a population of
           125,000 or more.

           (b)-(d)  Renumbered to reflect addition of new
           Subsection (a).

SECTION 3  Amends Chapter 343B, Health and Safety Code, by adding
           Section 343.0111, as follows:

           Sec. 343.0111.  PUBLIC NUISANCE GENERALLY APPLICABLE. 
           

           (a)  Provides that this section applies to the
           unincorporated area of a county, regardless of the
           population size of the county.

           (b)  Prohibits a person from causing, permitting, or
           allowing a public nuisance under this section.

           (c)  Defines "public nuisance."

SECTION 4  Amends Section 343.012(a), Health and Safety Code, to
           provide that a person commits an offense if the person
           violates Section 343.011(b) or 343.0111(b) and the
           nuisance remains unabated 30 days after the person
           receives official notice to abate the nuisance.

SECTION 5  Amends Section 343.022, Health and Safety Code, as
           follows:

           Section 343.022.  ABATEMENT PROCEDURES.  

           (a)  No changes.

           (b)  Provides that the abatement procedures must require
           that written notice be given to the person responsible
           for causing a public nuisance on the premises when
           certain conditions apply.

           (c)  Requires the notice to state, in addition to other
           information, that failure to abate the nuisance may
           result in an assessment of costs to the person
           responsible for causing the nuisance when that person
           can be identified; a lien against the property on which
           the nuisance exists if the person responsible for
           causing the nuisance has an interest in the property;
           and that the person receiving notice is entitled to
           submit a written request for a hearing.  Makes
           conforming and nonsubstantive changes.

           (d)  Makes a conforming change.  Redesignates existing
           Subsection (c).

           (e)  Redesignates existing Subsection (d).

SECTION 6  Amends Sections 343.023(a), (c), and (d), Health and
           Safety Code, as follows:

           (a)  Makes a conforming change.

           (c)  Requires the commissioners court of the county to
           file a notice that contains a statement of costs, a
           legal description of the property sufficient to identify
           the property, and the name of the property owner, if
           known, with the county clerk in order to obtain a lien
           against the property to secure an assessment.

           (d)  Provides that the county's lien to secure an
           assessment attaches when the notice of lien is filed and
           is inferior to a previously recorded bona fide mortgage
           lien attached to the real property to which the county's
           lien attaches, if the mortgage was filed for record in
           the office of the county clerk of the county in which
           the real property is located before the date on which
           the county files the notice of lien with the county
           clerk.

SECTION 7  Repeals Section 343.001, Health and Safety Code
           (Application to Unincorporated Area of a County Having
           a Population of 125,000 or More).

SECTION 8  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 595 was considered by the committee in a public hearing on May
2, 1995.

The following person testified in favor of the bill:

           Representative Ron Lewis.

The bill was left pending.

S.B. 595 was considered by the committee in a formal meeting on May
5, 1995.

The bill was left pending.

S.B. 595 was considered by the committee in a formal meeting on May
8, 1995.


The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.