HBA-DMD C.S.H.B. 1159 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1159
By: Ellis, Dan
Environmental Regulation
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, some public nuisance statutes apply only in counties with a
population of 125,000 or more.  C.S.H.B. 1159 extends public nuisance
statutes to include all unincorporated areas of Texas counties, regardless
of population. This bill also specifies the authority of the commissioners
court of a county pertaining to special exemptions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends and reenacts Sections 343.011 and 343.0111, Health and
Safety Code, as Section 343.011, as follows: 

Sec. 343.011.  New Title:  PUBLIC NUISANCE.  Sets forth that this section
applies only to the unincorporated area of a county, rather than a
unincorporated area of a county with a population of 125,000 or more.
Deletes the provision "on any premises" when prohibiting a person from
causing, permitting, or allowing a public nuisance. Sets forth sites and
facilities to which this section does not apply. Modifies the definition
for "public nuisance." Defines "agricultural land." Makes conforming and
nonsubstantive changes. 

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

Sec. 343.0111. New Title: SPECIAL EXCEPTION OR VARIANCE TO PUBLIC NUISANCE
CLASSIFICATION. Specifies the authority of the commissioners court of a
county pertaining to special exemptions. Deletes text specifying that this
section applies to the unincorporated area of a county regardless of the
population size of the county. Requires the commissioners court to keep a
record of its proceedings and must include in the record a showing of the
reasons for each decision made under this section. Deletes Subsection (c),
which defines "public nuisance." 

SECTION 3.  Amends Section 343.012(a), Health and Safety Code, to make a
conforming change. 

SECTION 4.Makes application of Section 343.011, Health and Safety Code, as
amended by this Act, prospective. 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Section
343.011, Health and Safety Code), by changing the section title from
"Public Nuisance in Unincorporated Area of County" in the original bill to
"Public Nuisance" in the substitute. Subsection (a) of the substitute
deletes the  provision that this section does not apply to a site or
facility that is permitted and regulated by a state agency or licensed or
permitted under Chapter 361 (Solid Waste Disposal Act), Health and Safety
Code. Subsection (b) of the substitute makes a nonsubstantive change.
Subsection (c) of the substitute modifies the existing definition of
"public nuisance" by removing the qualification that the definition applies
to this section, and by making a nonsubstantive format change. The
substitute also restores and adds to Subsection (d), which was deleted from
the original bill, which provides that this section does not apply to a
site or facility that is permitted and regulated by a state agency, or
licensed or permitted under Chapter 361, or agricultural land. The
substitute adds Subsection (e), which defines "agricultural land."  

This substitute adds new SECTION 2 which amends Section 343.0111, Health
and Safety Code, by specifying the authority of the commissioners court of
a county pertaining to special exemptions. It deletes text providing that
this section applies to the unincorporated area of a county regardless of
the population size of the county. It requires the commissioners court to
keep a record of its proceedings and must include in the record a showing
of the reasons for each decision made under this section. It also deletes
Subsection (c), which defines "public nuisance." This text is moved by the
substitute to Section 343.011. 

This substitute differs from the original bill in SECTION 4, by shortening
the text of the prospective clause. 

This substitute redesignates SECTIONS 2-5 from the original bill to
SECTIONS 3-6 of the substitute, respectively.