BILL ANALYSIS


                                                     C.S.S.B. 595
                                                       By: Bivins
                                      Intergovernmental Relations
                                                          4-20-95
                                   Committee Report (Substituted)
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, C.S.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, as follows:

    CHAPTER 343.  New heading:  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)  Redesignate existing Subsections (a)-(c).
     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:

     Sec 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.     Repealer:  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.
           Effective date:  90 days after adjournment.