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.