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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the regulation of nuisances in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Local Government Code, is |
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amended by adding Chapter 236 to read as follows: |
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CHAPTER 236. REGULATION OF NUISANCES IN CERTAIN COUNTIES |
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Sec. 236.001. APPLICABILITY. This chapter applies only to |
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a county with a population of 3.3 million or more. |
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Sec. 236.002. NUISANCE. (a) An order adopted by a |
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commissioners court under this section applies only in the |
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unincorporated area of the county. |
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(b) The commissioners court of a county by order may: |
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(1) abate and remove a nuisance and punish by fine the |
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person responsible for the nuisance; |
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(2) define and declare what constitutes a nuisance and |
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authorize and direct the summary abatement of the nuisance; and |
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(3) abate in any manner the commissioners court |
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considers expedient any nuisance that may injure or affect the |
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public health or comfort. |
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Sec. 236.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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ORDER. If an order adopted by a commissioners court under this |
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chapter conflicts with an ordinance of a municipality, the |
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municipal ordinance prevails within the municipality's |
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jurisdiction to the extent of the conflict. |
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Sec. 236.004. CUMULATIVE EFFECT. Authority under this |
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chapter is cumulative of other authority that a county has to |
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regulate nuisances and does not limit that other authority. |
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SECTION 2. 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, 2009. |