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A BILL TO BE ENTITLED
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AN ACT
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relating to county abatement of certain unsafe buildings that are a |
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public nuisance. |
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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), (8), or (9), by prohibition or control of |
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access; and |
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(C) in the case of a nuisance under Section |
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343.011(c)(11), by removal, remediation, storage, transportation, |
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disposal, or other means of waste management authorized by Chapter |
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361. |
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SECTION 2. 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 3. 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)(11), by removal, remediation, storage, transportation, |
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disposal, or other means of waste management authorized under |
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Chapter 361. |
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SECTION 4. 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)(11). |
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SECTION 5. 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 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), (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 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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SECTION 6. 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 7. This Act takes effect September 1, 2009. |