78R1745 JTS-F
By: Smith of Harris H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to standing water as a nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 341.011, Health and Safety Code, is
amended to read as follows:
Sec. 341.011. NUISANCE. Each of the following is a public
health nuisance:
(1) a condition or place that is a breeding place for
flies and that is in a populous area;
(2) spoiled or diseased meats intended for human
consumption;
(3) a restaurant, food market, bakery, other place of
business, or vehicle in which food is prepared, packed, stored,
transported, sold, or served to the public and that is not
constantly maintained in a sanitary condition;
(4) a place, condition, or building controlled or
operated by a state or local government agency that is not
maintained in a sanitary condition;
(5) sewage, human excreta, wastewater, garbage, or
other organic wastes deposited, stored, discharged, or exposed in
such a way as to be a potential instrument or medium in disease
transmission to a person or between persons;
(6) a vehicle or container that is used to transport
garbage, human excreta, or other organic material and that is
defective and allows leakage or spilling of contents;
(7) a collection of water in which mosquitoes are
breeding in the limits of a municipality or that is a breeding area
for mosquitoes that can transmit diseases regardless of the
collection's location;
(8) a condition that may be proven to injuriously
affect the public health and that may directly or indirectly result
from the operations of a bone boiling or fat rendering plant, tallow
or soap works, or other similar establishment;
(9) a place or condition harboring rats in a populous
area;
(10) the presence of ectoparasites, including
bedbugs, lice, and mites, suspected to be disease carriers in a
place in which sleeping accommodations are offered to the public;
(11) the maintenance of an open surface privy or an
overflowing septic tank so that the contents may be accessible to
flies; and
(12) an object, place, or condition that is a possible
and probable medium of disease transmission to or between humans.
SECTION 2. This Act takes effect September 1, 2003.