By: Ellis S.B. No. 351

(In the Senate - Filed January 29, 2007; February 21, 2007, read first time and referred to Committee on Intergovernmental Relations; March 22, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 3, Nays 0; March 22, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 351 By: Patrick

A BILL TO BE ENTITLED

AN ACT

relating to notice procedures for abatement of certain nuisances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (a), Section 683.075, Transportation Code, is amended to read as follows:

(a) The procedures for the abatement and removal of a public nuisance under this subchapter must provide not less than 10 days' notice of the nature of the nuisance. The notice must be personally delivered, [or] sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to:

(1) the last known registered owner of the nuisance;

(2) each lienholder of record of the nuisance; and

(3) the owner or occupant of:

(A) the property on which the nuisance is located; or

(B) if the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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