By Brown of Kaufman H.B. No. 2092 77R4566 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to granting counties general authority to regulate 1-3 nuisances; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 240, Local Government Code, is amended by 1-6 adding Subchapter C to read as follows: 1-7 SUBCHAPTER C. REGULATION OF NUISANCES 1-8 Sec. 240.061. AUTHORITY TO REGULATE NUISANCES. The 1-9 commissioners court of a county by order may: 1-10 (1) define and declare what constitutes a nuisance; 1-11 (2) prohibit or otherwise restrict a nuisance; and 1-12 (3) provide procedures to abate and remove a nuisance, 1-13 including providing procedures: 1-14 (A) to designate a county officer or employee to 1-15 authorize and direct the summary abatement of a nuisance; and 1-16 (B) to abate in any manner the county considers 1-17 expedient any nuisance that may injure or affect the public health 1-18 or comfort. 1-19 Sec. 240.062. SCOPE OF AUTHORITY. The authority granted 1-20 under this subchapter applies only to the unincorporated area of 1-21 the county. 1-22 Sec. 240.063. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY 1-23 ORDER. If an order adopted under this subchapter conflicts with an 1-24 ordinance of a municipality adopted under Section 217.042 or 2-1 another statute, the municipal ordinance prevails within the 2-2 municipality's jurisdiction to the extent of the conflict. 2-3 Sec. 240.064. EXISTING COUNTY AUTHORITY UNAFFECTED. The 2-4 authority granted by this subchapter does not affect the authority 2-5 of the county to regulate nuisances under other law. 2-6 Sec. 240.065. INJUNCTION. Any person is entitled to 2-7 injunctive relief to prevent the creation or continuation of a 2-8 nuisance that is prohibited by an order adopted under this 2-9 subchapter. 2-10 Sec. 240.066. CRIMINAL PENALTY. A person commits an offense 2-11 if the person knowingly or intentionally engages in conduct that 2-12 creates, causes to be created, or results in the continuation of a 2-13 nuisance that is prohibited by an order adopted under this 2-14 subchapter. An offense under this section is a Class C 2-15 misdemeanor. 2-16 SECTION 2. This Act takes effect immediately if it receives 2-17 a vote of two-thirds of all the members elected to each house, as 2-18 provided by Section 39, Article III, Texas Constitution. If this 2-19 Act does not receive the vote necessary for immediate effect, this 2-20 Act takes effect September 1, 2001.