By:  Chisum, Keel                                                 H.B. No. 2097



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a home-rule municipality to prohibit 
public nuisances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 217.042(a), Local Government Code, is 
amended to read as follows:
	(a)  The municipality may define and prohibit any nuisance:             
		(1)  within the limits of the municipality; and                 
		(2)  within 5,000 feet outside the limits, excluding 
any area that is:
			(A)  within 50 feet of a public waterway;                             
			(B)  located in a county that does not border the 
Gulf of Mexico; and
			(C)  not located in a county in which a park and 
recreation district has been created under Chapter 324, Local 
Government Code.
	SECTION 2.  This Act takes effect September 1, 2005.