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.