SRC-AXB H.B. 1159 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1159
76R8357  PAM-DBy: Ellis, Dan (Cain)
Intergovernmental Relations
5/5/1999
Engrossed


DIGEST 

Currently, some public nuisance statutes apply only in counties with a
minimum population of 125,000.  H.B. 1159 deletes the population
specification, clarifies regulation of public nuisances, and provides
exceptions. 

PURPOSE

As proposed, H.B. 1159 clarifies regulation of public nuisances and
provides exceptions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 343.011, Health and Safety Code, as follows:

Sec.  343.011.  New heading:  PUBLIC NUISANCE.  Clarifies that this section
only applies to the unincorporated area of a county.  Describes a public
nuisance as discarding refuse or creating a hazardous visual obstruction on
certain land and discarding refuse near certain utility lines and
easements.  Provides that this section does not apply to a site or facility
that is licensed or permitted under Chapter 361, or agricultural land.
Defines "agricultural land." Deletes text regarding a minimum population.
Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Section 343.0111, Health and Safety Code, as follows:

Sec.  343.0111.  New heading:  SPECIAL EXCEPTION OR VARIANCE TO PUBLIC
NUISANCE CLASSIFICATION.  Authorizes the commissioners court of a county to
describe circumstances which allow a special exception and to authorize a
variance from the terms of regulations of a public nuisance.  Requires the
commissioners court to keep a record of its proceedings and include the
reasons for each decision made under this section.  Deletes text regarding
the application of this section and a public nuisance.   

SECTION 3.  Amends Section 343.012(a), Health and Safety Code, to delete a
reference to Section 343.0111(b). 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.