1-1                                   AN ACT
 1-2     relating to county regulation of public nuisances.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 343.011, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 343.011.  PUBLIC NUISANCE [IN CERTAIN COUNTIES].
 1-7     (a)  This section applies only to the unincorporated area of a
 1-8     county [with a population of 125,000 or more].
 1-9           (b)  A person may not cause, permit, or allow a public
1-10     nuisance under this section [on any premises].
1-11           (c)  A public nuisance is:
1-12                 (1)  keeping, storing, or accumulating refuse on
1-13     premises in a neighborhood unless the refuse is entirely contained
1-14     in a closed receptacle;
1-15                 (2)  keeping, storing, or accumulating rubbish,
1-16     including newspapers, abandoned vehicles, refrigerators, stoves,
1-17     furniture, tires, and cans, on premises in a neighborhood for 10
1-18     days or more, unless the rubbish or object is completely enclosed
1-19     in a building or is not visible from a public street;
1-20                 (3)  maintaining premises in a manner that creates an
1-21     unsanitary condition likely to attract or harbor mosquitoes,
1-22     rodents, vermin, or disease-carrying pests;
1-23                 (4)  allowing weeds to grow on premises in a
1-24     neighborhood if the weeds are located within 300 feet of another
 2-1     residence or commercial establishment;
 2-2                 (5)  maintaining a building in a manner that is
 2-3     structurally unsafe or constitutes a hazard to safety, health, or
 2-4     public welfare because of inadequate maintenance, unsanitary
 2-5     conditions, dilapidation, obsolescence, disaster, damage, or
 2-6     abandonment or because it constitutes a fire hazard;
 2-7                 (6)  maintaining on abandoned and unoccupied property
 2-8     in a neighborhood a swimming pool that is not protected with:
 2-9                       (A)  a fence that is at least four feet high and
2-10     that has a latched gate that cannot be opened by a child; or
2-11                       (B)  a cover over the entire swimming pool that
2-12     cannot be removed by a child; [or]
2-13                 (7)  maintaining a flea market in a manner that
2-14     constitutes a fire hazard;
2-15                 (8)  discarding refuse or creating a hazardous visual
2-16     obstruction on:
2-17                       (A)  county-owned land; or
2-18                       (B)  land or easements owned or held by a special
2-19     district that has the commissioners court of the county as its
2-20     governing body; or
2-21                 (9)  discarding refuse on the smaller of:
2-22                       (A)  the area that spans 20 feet on each side of
2-23     a utility line; or
2-24                       (B)  the actual span of the utility easement.
2-25           (d)  This section does not apply to:
2-26                 (1)  a site or facility that is:
2-27                       (A)  permitted and regulated by a state agency;
 3-1     or
 3-2                       (B)  licensed or permitted under Chapter 361; or
 3-3                 (2)  agricultural land.
 3-4           (e)  In Subsection (d), "agricultural land" means land that
 3-5     qualifies for tax appraisal under Subchapter C or D, Chapter 23,
 3-6     Tax Code.
 3-7           SECTION 2.  Section 343.0111, Health and Safety Code, is
 3-8     amended to read as follows:
 3-9           Sec. 343.0111.  SPECIAL EXCEPTION OR VARIANCE TO PUBLIC
3-10     NUISANCE CLASSIFICATION [GENERALLY APPLICABLE].  (a)  The
3-11     commissioners court of a county by order may:
3-12                 (1)  describe the circumstances in which a special
3-13     exception to the application of Section 343.011 is available to a
3-14     person and may grant the special exception in a specific case if
3-15     the commissioners court finds that the specific case fits within
3-16     the special exception, that the grant of the exception promotes
3-17     justice, that the grant of the exception is not contrary to the
3-18     public interest, and that the grant of the exception is consistent
3-19     with the general purpose of Section 343.011; and
3-20                 (2)  authorize in a specific case not covered by a
3-21     special exception a variance from the terms of Section 343.011 if
3-22     the commissioners court makes the same findings in connection with
3-23     the specific case that it makes in connection with a special
3-24     exception under Subdivision (1) and finds that due to special
3-25     conditions a literal enforcement of Section 343.011 would result in
3-26     an unnecessary hardship.  [This section applies to the
3-27     unincorporated area of a county, regardless of the  population size
 4-1     of the county.]
 4-2           (b)  The commissioners court shall keep a record of its
 4-3     proceedings under this section and must include in the record a
 4-4     showing of the reasons for each decision made under this section.
 4-5     [A person may not cause, permit, or allow a public nuisance under
 4-6     this section.]
 4-7           [(c)  A public nuisance is:]
 4-8                 [(1)  discarding refuse or creating a hazardous visual
 4-9     obstruction on:]
4-10                       [(A)  county-owned land; or]
4-11                       [(B)  land or easements owned or held by a
4-12     special district that has the county commissioners court as its
4-13     governing body; or]
4-14                 [(2)  discarding refuse on the smaller of:]
4-15                       [(A)  the area that spans 20 feet on each side of
4-16     a utility line; or]
4-17                       [(B)  the actual span of the utility easement.]
4-18           SECTION 3.  Section 343.012(a), Health and Safety Code, is
4-19     amended to read as follows:
4-20           (a)  A person commits an offense if:
4-21                 (1)  the person violates Section 343.011(b) [or
4-22     343.0111(b)]; and
4-23                 (2)  the nuisance remains unabated after the 30th day
4-24     after the date on which the person receives notice from a county
4-25     official, agent, or employee to abate the nuisance.
4-26           SECTION 4.  The changes in law made by this Act apply only to
4-27     an offense under or violation of Section 343.011, as amended by
 5-1     this Act, that is committed or that occurs on or after the
 5-2     effective date of this Act.
 5-3           SECTION 5.  This Act takes effect September 1, 1999.
 5-4           SECTION 6.  The importance of this legislation and the
 5-5     crowded condition of the calendars in both houses create an
 5-6     emergency and an imperative public necessity that the
 5-7     constitutional rule requiring bills to be read on three several
 5-8     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1159 was passed by the House on April
         23, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1159 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor