79R2936 ATP-F
By: Brimer S.B. No. 342
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of swimming pools in the unincorporated
areas of certain counties as a public nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 343.011(c), Health and Safety Code, is
amended to read as follows:
(c) A public nuisance is:
(1) keeping, storing, or accumulating refuse on
premises in a neighborhood unless the refuse is entirely contained
in a closed receptacle;
(2) keeping, storing, or accumulating rubbish,
including newspapers, abandoned vehicles, refrigerators, stoves,
furniture, tires, and cans, on premises in a neighborhood or within
300 feet of a public street for 10 days or more, unless the rubbish
or object is completely enclosed in a building or is not visible
from a public street;
(3) maintaining premises in a manner that creates an
unsanitary condition likely to attract or harbor mosquitoes,
rodents, vermin, or disease-carrying pests;
(4) allowing weeds to grow on premises in a
neighborhood if the weeds are located within 300 feet of another
residence or commercial establishment;
(5) maintaining a building in a manner that is
structurally unsafe or constitutes a hazard to safety, health, or
public welfare because of inadequate maintenance, unsanitary
conditions, dilapidation, obsolescence, disaster, damage, or
abandonment or because it constitutes a fire hazard;
(6) maintaining on abandoned and unoccupied property
in a neighborhood, or maintaining on any property in a neighborhood
in a county with a population of more than 1.4 million, a swimming
pool that is not protected with:
(A) a fence that is at least four feet high and
that has a latched gate that cannot be opened by a child; or
(B) a cover over the entire swimming pool that
cannot be removed by a child;
(7) maintaining a flea market in a manner that
constitutes a fire hazard;
(8) discarding refuse or creating a hazardous visual
obstruction on:
(A) county-owned land; or
(B) land or easements owned or held by a special
district that has the commissioners court of the county as its
governing body; or
(9) discarding refuse on the smaller of:
(A) the area that spans 20 feet on each side of a
utility line; or
(B) the actual span of the utility easement.
SECTION 2. This Act takes effect September 1, 2005.