BILL ANALYSIS |
H.B. 1932 |
By: Stickland |
County Affairs |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
Currently, if a faulty on-site sewage disposal system overflows in the unincorporated area of a county, the county has no authority to bring the system into compliance if the property owner fails to address the problem as ordered by a court. Interested parties contend that a county needs the authority to regulate a faulty on-site sewage disposal system as a public nuisance. H.B. 1932 seeks to respond to this need by amending current law defining a public nuisance.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
H.B. 1932 amends the Health and Safety Code to include as a public nuisance in the unincorporated area of a county the surface discharge from an on-site sewage disposal system. The bill authorizes a county after a defendant fails to abate such a nuisance as ordered by a court to use any means of abatement reasonably necessary to bring the system into compliance with statutory provisions governing such systems.
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EFFECTIVE DATE
September 1, 2013.
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