79R2522 MXM-D

By:  Leibowitz                                                    H.B. No. 1287



A BILL TO BE ENTITLED

AN ACT

relating to county abatement of a public nuisance.                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 343.013, Health and Safety Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  A county may bring suit under this section to prohibit 
or control access to the premises to prevent a continued or future 
violation of Section 343.011(c)(1), (8), or (9).  The court may 
grant relief under this subsection only if the county demonstrates 
that the owner of the premises, or the person responsible for 
causing the public nuisance, has not responded sufficiently to 
previous attempts to abate a nuisance on the premises.
	SECTION 2.  Section 343.022(c), Health and Safety Code, is 
amended to read as follows:
	(c)  The notice must state:                                                    
		(1)  the specific condition that constitutes a 
nuisance;                    
		(2)  that the person receiving notice shall abate the 
nuisance before the:
			(A)  31st day after the date on which the notice is 
served, if the person has not previously received a notice 
regarding a nuisance on the premises; or
			(B)  10th day after the date on which the notice is 
served, if the person has previously received a notice regarding a 
nuisance on the premises;
		(3)  that failure to abate the nuisance may result in:                        
			(A)  abatement by the county;                                                
			(B)  assessment of costs to the person responsible 
for causing the nuisance when that person can be identified; and
			(C)  a lien against the property on which the 
nuisance exists, if the person responsible for causing the nuisance 
has an interest in the property;
		(4)  that the county may prohibit or control access to 
the premises to prevent a continued or future nuisance; and
		(5) [(4)]  that the person receiving notice is entitled 
to submit[, before the 31st day after the date on which the notice 
is served,] a written request for a hearing before the:
			(A)  31st day after the date on which the notice is 
served, if the person has not previously received a notice 
regarding a nuisance on the premises; or
			(B)  10th day after the date on which the notice is 
served, if the person has previously received a notice regarding a 
nuisance on the premises.
	SECTION 3.  Subchapter C, Chapter 343, Health and Safety 
Code, is amended by adding Section 343.0235 to read as follows:
	Sec. 343.0235.  COST RECOVERY.  If the cost to the county to 
abate the nuisance exceeds the assessed value of the property, the 
county is eligible to receive funds to recover the cost from any 
state program for cleanup or remediation of private property, 
including any accounts or funds to dispose of solid waste under 
Chapters 361 and 364.
	SECTION 4.  Section 343.022(c), Health and Safety Code, as 
amended by this Act, applies only to notice given on or after the 
effective date of this Act.  Notice given before the effective date 
of this Act is governed by the law as it existed immediately before 
the effective date of this Act, and the former law is continued in 
effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.