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A BILL TO BE ENTITLED
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AN ACT
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relating to certain swimming pools as public nuisances in the |
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unincorporated areas of counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 343.011, Health and |
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Safety Code, is amended to read as follows: |
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(c) A public nuisance is: |
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(1) keeping, storing, or accumulating refuse on |
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premises in a neighborhood unless the refuse is entirely contained |
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in a closed receptacle; |
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(2) keeping, storing, or accumulating rubbish, |
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including newspapers, abandoned vehicles, refrigerators, stoves, |
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furniture, tires, and cans, on premises in a neighborhood or within |
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300 feet of a public street for 10 days or more, unless the rubbish |
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or object is completely enclosed in a building or is not visible |
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from a public street; |
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(3) maintaining premises in a manner that creates an |
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unsanitary condition likely to attract or harbor mosquitoes, |
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rodents, vermin, or disease-carrying pests; |
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(4) allowing weeds to grow on premises in a |
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neighborhood if the weeds are located within 300 feet of another |
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residence or commercial establishment; |
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(5) maintaining a building in a manner that is |
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structurally unsafe or constitutes a hazard to safety, health, or |
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public welfare because of inadequate maintenance, unsanitary |
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conditions, dilapidation, obsolescence, disaster, damage, or |
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abandonment or because it constitutes a fire hazard; |
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(6) maintaining on abandoned and unoccupied property |
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in a neighborhood[, or maintaining on any property in a
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neighborhood in a county with a population of more than 1.1
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million,] a swimming pool that is not protected with: |
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(A) a fence that is at least four feet high and |
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that has a latched and locked gate [that cannot be opened by a
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child]; or |
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(B) a cover over the entire swimming pool that |
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cannot be removed by a child; |
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(7) maintaining on any property in a neighborhood in a |
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county with a population of more than 1.1 million, a swimming pool |
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that is not protected with: |
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(A) a fence that is at least four feet high and |
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that has a latched gate that cannot be opened by a child; or |
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(B) a cover over the entire swimming pool that |
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cannot be removed by a child; |
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(8) maintaining a flea market in a manner that |
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constitutes a fire hazard; |
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(9) [(8)] discarding refuse or creating a hazardous |
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visual obstruction on: |
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(A) county-owned land; or |
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(B) land or easements owned or held by a special |
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district that has the commissioners court of the county as its |
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governing body; |
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(10) [(9)] discarding refuse on the smaller of: |
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(A) the area that spans 20 feet on each side of a |
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utility line; or |
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(B) the actual span of the utility easement; or |
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(11) [(10)] filling or blocking a drainage easement, |
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failing to maintain a drainage easement, maintaining a drainage |
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easement in a manner that allows the easement to be clogged with |
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debris, sediment, or vegetation, or violating an agreement with the |
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county to improve or maintain a drainage easement. |
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SECTION 2. Subsections (c) and (d), Section 343.013, Health |
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and Safety Code, are amended to read as follows: |
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(c) A county may bring suit under this section to prohibit |
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or control access to the premises to prevent a continued or future |
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violation of Section 343.011(c)(1), (6), (9) [(8)], or (10) [(9)]. |
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The court may grant relief under this subsection only if the county |
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demonstrates that: |
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(1) the person responsible for causing the public |
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nuisance has not responded sufficiently to previous attempts to |
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abate a nuisance on the premises, if the relief sought prohibits or |
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controls access of a person other than the owner; or |
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(2) the owner of the premises knew about the nuisance |
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and has not responded sufficiently to previous attempts to abate a |
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nuisance on the premises, if the relief sought controls access of |
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the owner. |
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(d) In granting relief under Subsection (c), the court: |
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(1) may not, in a suit brought under Section |
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343.011(c)(10) [343.011(c)(9)], prohibit or control access by the |
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owner or operator of a utility line or utility easement to that |
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utility line or utility easement; and |
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(2) may not prohibit the owner of the premises from |
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accessing the property but may prohibit a continued or future |
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violation. |
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SECTION 3. Section 343.021, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If the county |
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adopts abatement procedures that are consistent with the general |
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purpose of this chapter and that conform to this chapter, a [A] |
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county may abate a nuisance under this chapter by: |
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(1) demolition or removal; [or,] |
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(2) in the case of a nuisance under Section |
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343.011(c)(1), (6), (9) [(8)], or (10) [(9)], by prohibition or |
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control of access to the premises; or |
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(3) in the case of a nuisance under Section |
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343.011(c)(7) by draining and filling the swimming pool[, if the
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county adopts abatement procedures that are consistent with the
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general purpose of this chapter and that conform to this chapter]. |
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SECTION 4. Section 343.022, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (e) and adding |
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Subsection (f) to read as follows: |
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(a) The abatement procedures adopted by the commissioners |
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court must be administered by a regularly salaried, full-time |
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county employee, but the prohibition or control of access to the |
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premises to prevent a violation of Section 343.011(c)(1), (6), (9) |
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[(8)], or (10) [(9)], or the removal or demolition of the nuisance, |
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may be made by a person authorized by the person administering the |
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abatement program. |
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(c) The notice must state: |
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(1) the specific condition that constitutes a |
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nuisance; |
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(2) that the person receiving notice shall abate the |
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nuisance before the: |
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(A) 31st day after the date on which the notice is |
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served, if the person has not previously received a notice |
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regarding a nuisance on the premises; or |
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(B) 10th business day after the date on which the |
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notice is served, if the person has previously received a notice |
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regarding a nuisance on the premises; |
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(3) that failure to abate the nuisance may result in: |
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(A) abatement by the county; |
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(B) assessment of costs to the person responsible |
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for causing the nuisance when that person can be identified; and |
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(C) a lien against the property on which the |
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nuisance exists, if the person responsible for causing the nuisance |
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has an interest in the property; |
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(4) that the county may prohibit or control access to |
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the premises to prevent a continued or future nuisance described by |
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Section 343.011(c)(1), (6), (9) [(8)], or (10) [(9)]; and |
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(5) that the person receiving notice is entitled to |
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submit a written request for a hearing before the: |
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(A) 31st day after the date on which the notice is |
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served, if the person has not previously received a notice |
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regarding a nuisance on the premises; or |
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(B) 10th business day after the date on which the |
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notice is served, if the person has previously received a notice |
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regarding a nuisance on the premises. |
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(e) Except as provided in Subsection (f), the [The] |
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abatement procedures must require a hearing before the county |
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abates the nuisance if a hearing is requested. The hearing may be |
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conducted before the commissioners court or any board, commission, |
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or official designated by the commissioners court. The |
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commissioners court may designate a board, commission, or official |
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to conduct each hearing. |
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(f) The person administering the abatement program or a |
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person authorized by the person administering the abatement program |
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may abate a nuisance under Section 343.011(c)(6) by prohibiting or |
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controlling access to the premises prior to notice and hearing, |
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provided notice is given and a hearing is held in accordance with |
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the county procedures. |
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SECTION 5. Section 343.0235, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 343.0235. USE OF COUNTY FUNDS. A county is entitled to |
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use any money available under other law for a cleanup or remediation |
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of private property to abate a nuisance described by Section |
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343.011(c)(1), (9) [(8)], or (10) [(9)]. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |