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A BILL TO BE ENTITLED
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AN ACT
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relating to county abatement of public nuisances; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 343.002(1), Health and Safety Code, is |
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amended to read as follows: |
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(1) "Abate" means to eliminate or remedy: |
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(A) by removal, repair, rehabilitation, or |
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demolition; |
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(B) in the case of a nuisance under Section |
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343.011(c)(1), (5), (9) [(8)], or (10) [(9)], by prohibition or |
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control of access; and |
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(C) in the case of a nuisance under Section |
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343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage, |
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transportation, disposal, or other means of waste management |
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authorized by Chapter 361. |
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SECTION 2. Section 343.011(c), Health and Safety Code, as |
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amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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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 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; and |
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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) discarding refuse or creating a hazardous visual |
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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) 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; |
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(11) filling or blocking a drainage easement, failing |
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to maintain a drainage easement, maintaining a drainage easement in |
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a manner that allows the easement to be clogged with debris, |
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sediment, or vegetation, or violating an agreement with the county |
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to improve or maintain a drainage easement; or |
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(12) [(11)] discarding refuse on property that is not |
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authorized for that activity. |
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SECTION 3. Section 343.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person commits an offense if: |
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(1) the person violates Section 343.011(b); and |
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(2) the nuisance remains unabated after the 10th |
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[30th] day after the date on which the person receives notice from a |
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county official, agent, or employee to abate the nuisance. |
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SECTION 4. Section 343.013(c), Health and Safety Code, is |
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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), (5), (6), (9), or (10). The |
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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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SECTION 5. Section 343.021, Health and Safety Code, as |
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amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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to read as follows: |
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Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If a 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, the county |
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may abate a nuisance under this chapter: |
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(1) by demolition or removal; |
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(2) in the case of a nuisance under Section |
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343.011(c)(1), (5), (9), or (10), by prohibiting or controlling |
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access to the premises; |
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(3) in the case of a nuisance under Section |
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343.011(c)(6), by: |
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(A) prohibiting or controlling access to the |
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premises and installing a cover that cannot be opened by a child |
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over the entire swimming pool; or |
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(B) draining and filling the swimming pool; or |
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(4) in the case of a nuisance under Section |
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343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage, |
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transportation, disposal, or other means of waste management |
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authorized under Chapter 361. |
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SECTION 6. Section 343.022(a), Health and Safety Code, as |
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amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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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. A person authorized by the person administering |
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the abatement program may administer: |
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(1) the prohibition or control of access to the |
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premises to prevent a violation of Section 343.011(c)(1), (5), (6), |
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(9), or (10); |
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(2) the removal or demolition of the nuisance; and |
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(3) the abatement of a nuisance described by Section |
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343.011(c)(12) [343.011(c)(11)]. |
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SECTION 7. Section 343.022(c), Health and Safety Code, is |
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amended to read as follows: |
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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
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is 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 |
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the notice is served[, if the person has previously received a
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notice 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), (5), (6), (9), or (10); 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
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is 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 |
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the notice is served[, if the person has previously received a
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notice regarding a nuisance on the premises]. |
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SECTION 8. 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), (5), (9), or (10). |
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SECTION 9. The change in law made by Section 343.012, Health |
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and Safety Code, as amended by this Act, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 10. This Act takes effect September 1, 2009. |