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.