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A BILL TO BE ENTITLED
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AN ACT
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relating to the abatement of mosquitoes in stagnant water located |
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on certain uninhabited residential property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.019 to read as follows: |
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Sec. 341.019. MOSQUITO CONTROL ON UNINHABITED RESIDENTIAL |
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PROPERTY. (a) Notwithstanding any other law, a municipality, |
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county, or other local health authority may abate, without notice, |
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a public health nuisance under Section 341.011(7) that: |
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(1) is located on residential property that is |
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reasonably presumed to be abandoned or that is uninhabited due to |
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foreclosure; and |
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(2) is an immediate danger to the health, life, or |
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safety of any person. |
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(b) A public official, agent, or employee charged with the |
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enforcement of health, environmental, or safety laws may enter the |
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premises described by Subsection (a) at a reasonable time to |
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inspect, investigate, or abate the nuisance. |
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(c) In this section, abatement is limited to the treatment |
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with a mosquito larvicide of stagnant water in which mosquitoes are |
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breeding. |
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(d) The public official, agent, or employee shall post on |
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the front door of the residence a notice stating: |
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(1) the identity of the treating authority; |
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(2) the purpose and date of the treatment; |
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(3) a description of the areas of the property treated |
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with larvicide; |
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(4) the type of larvicide used; and |
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(5) any known risks of the larvicide to humans or |
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animals. |
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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, 2013. |