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SECTION 1. Section
343.022(c), Health and Safety Code, is amended to read as follows:
(c) The notice must state:
(1) the specific condition
that constitutes a nuisance;
(2) that the person receiving
notice shall abate the nuisance before the:
(A) 31st day after the date
on which the notice is served, if the person has not previously received a
notice regarding a nuisance on the premises; or
(B) 10th business day after
the date on which the notice is served, if the person has previously
received a notice regarding a nuisance on the premises;
(3) that failure to abate the
nuisance may result in:
(A) abatement by the county;
(B) assessment of costs to the person receiving the notice [responsible
for causing the nuisance when that person can be identified]; and
(C) a lien against the
property on which the nuisance exists[, if the person responsible for
causing the nuisance has an interest in the property];
(4) that the county may
prohibit or control access to the premises to prevent a continued or future
nuisance described by Section 343.011(c)(1), (6), (9), or (10); and
(5) that the person receiving
notice is entitled to submit a written request for a hearing before the:
(A) 31st day after the date
on which the notice is served, if the person has not previously received a
notice regarding a nuisance on the premises; or
(B) 10th business day after
the date on which the notice is served, if the person has previously
received a notice regarding a nuisance on the premises.
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SECTION 1. Sections
343.022(b) and (c), Health and Safety Code, are amended to read as follows:
(b)
The abatement procedures must require that written notice be given to:
(1)
the owner [, lessee, occupant, agent, or person in charge] of the
premises or an agent of the owner; and
(2)
the person responsible for causing a public nuisance on the premises when:
(A)
that person is not the owner[, lessee, occupant, agent, or person in
charge] of the premises or an agent of the owner; and
(B)
the person responsible can be identified.
(c) The notice must state:
(1) the specific condition
that constitutes a nuisance;
(2) that the person receiving
notice shall abate the nuisance before the:
(A) 31st day after the date
on which the notice is served, if the person has not previously received a
notice regarding a nuisance on the premises; or
(B) 10th business day after
the date on which the notice is served, if the person has previously
received a notice regarding a nuisance on the premises;
(3) that failure to abate the
nuisance may result in:
(A) abatement by the county;
(B) assessment of costs against [to]
the person receiving the notice [responsible for causing the
nuisance when that person can be identified]; and
(C) a lien against the
property on which the nuisance exists[, if the person responsible for
causing the nuisance has an interest in the property];
(4)
that if the county seeks to recover abatement costs, including legal
notification and administrative fees, the county will make an effort to
recover costs from the person responsible for causing the nuisance, if that
person can be identified, before assessing costs against the owner of the
premises;
(5) that the county may
prohibit or control access to the premises to prevent a continued or future
nuisance described by Section 343.011(c)(1), (6), (9), or (10); and
(6) [(5)] that
the person receiving notice is entitled to submit a written request for a
hearing before the:
(A) 31st day after the date
on which the notice is served, if the person has not previously received a
notice regarding a nuisance on the premises; or
(B) 10th business day after
the date on which the notice is served, if the person has previously
received a notice regarding a nuisance on the premises.
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SECTION 2. Section 343.023,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsection (g) to read as follows:
(a) A county may:
(1) assess to a person receiving notice under Section
343.022:
(A) the cost of abating the
nuisance, including management, remediation, storage, transportation, and
disposal costs, and damages and other expenses incurred by the county;
(B) the cost of legal
notification by publication; and
(C) an administrative fee of
not more than $100 [on the person receiving notice under Section 343.022];
or
(2) by resolution or order,
assess against the property on which the nuisance exists:
(A) the cost of abating the
nuisance;
(B) the cost of legal
notification by publication; and
(C) an administrative fee of
not more than $100 [against the property on which the nuisance exists].
(g) The county may file a
civil action in district court to recover the costs and fees assessed
against a person under this section and interest on the unpaid costs and
fees. The court may award court costs and reasonable attorney's fees to the
prevailing party.
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SECTION 2. Section 343.023,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsections (g) and (h) to read as follows:
(a) Except as provided by Subsection (g), a
[A] county may:
(1) assess against a person receiving notice under
Section 343.022:
(A) the cost of abating the
nuisance, including management, remediation, storage, transportation, and
disposal costs, and damages and other expenses incurred by the county;
(B) the cost of legal
notification by publication; and
(C) an administrative fee of
not more than $100 [on the person receiving notice under Section 343.022];
or
(2) by resolution or order,
assess against the property on which the nuisance exists:
(A) the cost of abating the
nuisance;
(B) the cost of legal
notification by publication; and
(C) an administrative fee of
not more than $100 [against the property on which the nuisance exists].
(g) Before assessing costs and fees against an owner of the premises
under this section, a county must attempt to recover the costs from the
person responsible for causing the nuisance if that person can be
identified.
(h) The county may file a
civil action in district court to recover the costs and fees assessed
against a person under this section and interest on the unpaid costs and
fees. The court may award court costs and reasonable attorney's fees to the
prevailing party.
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SECTION 3. (a) Section
343.022(c), Health and Safety Code, as amended by this Act, applies only to
a notice given on or after the effective date of this Act. A notice given
before the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and the former law is
continued in effect for that purpose.
(b) Section 343.023, Health
and Safety Code, as amended by this Act, applies only to an assessment of
costs for which notice was given on or after the effective date of this
Act. An assessment of costs for which notice was given before the effective
date of this Act is governed by the law as it existed immediately before
the effective date of this Act, and the former law is continued in effect
for that purpose.
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SECTION 3. (a) Sections 343.022(b)
and (c), Health and Safety Code, as amended by this Act, apply only to a
notice given on or after the effective date of this Act. A notice given
before the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and the former law is
continued in effect for that purpose.
(b) Section 343.023, Health
and Safety Code, as amended by this Act, applies only to an assessment of
costs for which notice was given on or after the effective date of this Act.
An assessment of costs for which notice was given before the effective date
of this Act is governed by the law as it existed immediately before the
effective date of this Act, and the former law is continued in effect for
that purpose.
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