By Ellis                                              H.B. No. 1159
         76R4091 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to public nuisances in a county's unincorporated area.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 343.011 and 343.0111, Health and Safety
 1-5     Code, are amended and reenacted as Section 343.011 to read as
 1-6     follows:
 1-7           Sec. 343.011.  PUBLIC NUISANCE IN UNINCORPORATED AREA OF
 1-8     COUNTY [CERTAIN COUNTIES].  (a) This section applies only to the
 1-9     unincorporated area of a county.  This section does not apply to a
1-10     site or facility that is:
1-11                 (1)  permitted and regulated by a state agency; or
1-12                 (2)  licensed or permitted under Chapter 361 [with a
1-13     population of 125,000 or more].
1-14           (b)  A person may not cause, permit, or allow a public
1-15     nuisance [under this section on any premises].
1-16           (c)  In this section, "public nuisance" means [A public
1-17     nuisance is]:
1-18                 (1)  keeping, storing, or accumulating refuse on
1-19     premises in a neighborhood unless the refuse is entirely contained
1-20     in a closed receptacle;
1-21                 (2)  keeping, storing, or accumulating rubbish,
1-22     including newspapers, abandoned vehicles, refrigerators, stoves,
1-23     furniture, tires, and cans, on premises in a neighborhood for 10
1-24     days or more, unless the rubbish or object is completely enclosed
 2-1     in a building or is not visible from a public street;
 2-2                 (3)  maintaining premises in a manner that creates an
 2-3     unsanitary condition likely to attract or harbor mosquitoes,
 2-4     rodents, vermin, or disease-carrying pests;
 2-5                 (4)  allowing weeds to grow on premises in a
 2-6     neighborhood if the weeds are located within 300 feet of another
 2-7     residence or commercial establishment;
 2-8                 (5)  maintaining a building in a manner that is
 2-9     structurally unsafe or constitutes a hazard to safety, health, or
2-10     public welfare because of inadequate maintenance, unsanitary
2-11     conditions, dilapidation, obsolescence, disaster, damage, or
2-12     abandonment or because it constitutes a fire hazard;
2-13                 (6)  maintaining on abandoned and unoccupied property
2-14     in a neighborhood a swimming pool that is not protected with:
2-15                       (A)  a fence that is at least four feet high and
2-16     that has a latched gate that cannot be opened by a child; or
2-17                       (B)  a cover over the entire swimming pool that
2-18     cannot be removed by a child; [or]
2-19                 (7)  maintaining a flea market in a manner that
2-20     constitutes a fire hazard;
2-21                 (8)  [.]
2-22           [(d)  This section does not apply to a site or facility that
2-23     is permitted and regulated by a state agency.]
2-24           [Sec. 343.0111.  PUBLIC NUISANCE GENERALLY APPLICABLE.  (a)
2-25     This section applies to the unincorporated area of a county,
2-26     regardless of the population size of the county.]
2-27           [(b)  A person may not cause, permit, or allow a public
 3-1     nuisance under this section.]
 3-2           [(c)  A public nuisance is:]
 3-3                 [(1)]  discarding refuse or creating a hazardous visual
 3-4     obstruction on:
 3-5                       (A)  county-owned land; or
 3-6                       (B)  land or easements owned or held by a special
 3-7     district that has the county commissioners court as its governing
 3-8     body; or
 3-9                 (9) [(2)]  discarding refuse on the smaller of:
3-10                       (A)  the area that spans 20 feet on each side of
3-11     a utility line; or
3-12                       (B)  the actual span of the utility easement.
3-13           SECTION 2.  Section 343.012(a), Health and Safety Code, is
3-14     amended to read as follows:
3-15           (a)  A person commits an offense if:
3-16                 (1)  the person violates Section 343.011(b) [or
3-17     343.0111(b)]; and
3-18                 (2)  the nuisance remains unabated after the 30th day
3-19     after the date on which the person receives notice from a county
3-20     official, agent, or employee to abate the nuisance.
3-21           SECTION 3.  The changes in law made by this Act apply only to
3-22     an offense under or violation of Section 343.011, as amended by
3-23     this Act, that is committed or that occurs on or after the
3-24     effective date of this Act.  An offense that is committed or
3-25     violation that occurs before the effective date of this Act is
3-26     governed by the law in effect immediately before the effective date
3-27     of this Act, and the former law is continued in effect for that
 4-1     purpose.
 4-2           SECTION 4.  This Act takes effect September 1, 1999.
 4-3           SECTION 5.  The importance of this legislation and the
 4-4     crowded condition of the calendars in both houses create an
 4-5     emergency and an imperative public necessity that the
 4-6     constitutional rule requiring bills to be read on three several
 4-7     days in each house be suspended, and this rule is hereby suspended.