HBA-CMT H.B. 2092 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2092
By: Brown, Betty
County Affairs
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

The Local Government Code authorizes a municipality to prohibit any
nuisance within the municipality and within 5,000 feet of the municipality.
Therefore, public nuisances are only regulated within certain areas. House
Bill 2092 provides for nuisance regulation in unincorporated areas. 

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. 

ANALYSIS

House Bill 2092 amends the Local Government Code to authorize the
commissioners court of a county by order to define and declare what
constitutes a nuisance, prohibit or otherwise restrict a nuisance, and
provide procedures to abate and remove a nuisance.  The authority granted
under these provisions applies only to the unincorporated area of a county.

If an order adopted under the provisions of this bill conflicts with an
ordinance of a municipality or another statute, the municipal ordinance
prevails within the municipality's jurisdiction.     

The bill entitles any person to injunctive relief to prevent the creation
of or continuation of a nuisance that is prohibited by an order adopted
under the provisions of this bill.  A person commits a Class C misdemeanor
if the person knowingly or intentionally engages in conduct that creates,
causes to be created, or results in the continuation of a nuisance that is
prohibited by an order adopted under the provisions of this bill.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.