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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county to assess costs and fees |
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relating to the abatement of a nuisance on real property against |
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certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 343.022(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) The abatement procedures must require that written |
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notice be given to: |
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(1) the owner [, lessee, occupant, agent, or person in
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charge] of the premises or an agent of the owner; and |
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(2) the person responsible for causing a public |
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nuisance on the premises when: |
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(A) that person is not the owner[, lessee,
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occupant, agent, or person in charge] of the premises or an agent of |
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the owner; and |
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(B) the person responsible can be identified. |
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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 against [to] the person |
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receiving the notice [responsible for causing the nuisance when
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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
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nuisance has an interest in the property]; |
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(4) that if the county seeks to recover abatement |
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costs, including legal notification and administrative fees, the |
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county will make an effort to recover costs from the person |
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responsible for causing the nuisance, if that person can be |
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identified, before assessing costs against the owner of the |
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premises; |
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(5) 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), (6), (9), or (10); and |
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(6) [(5)] that the person receiving notice is entitled |
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to 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 2. Section 343.023, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (g) and |
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(h) to read as follows: |
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(a) Except as provided by Subsection (g), a [A] county may: |
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(1) assess against a person receiving notice under |
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Section 343.022: |
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(A) the cost of abating the nuisance, including |
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management, remediation, storage, transportation, and disposal |
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costs, and damages and other expenses incurred by the county; |
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(B) the cost of legal notification by |
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publication; and |
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(C) an administrative fee of not more than $100 |
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[on the person receiving notice under Section 343.022]; or |
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(2) by resolution or order, assess against the |
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property on which the nuisance exists: |
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(A) the cost of abating the nuisance; |
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(B) the cost of legal notification by |
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publication; and |
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(C) an administrative fee of not more than $100 |
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[against the property on which the nuisance exists]. |
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(g) Before assessing costs and fees against an owner of the |
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premises under this section, a county must attempt to recover the |
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costs from the person responsible for causing the nuisance if that |
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person can be identified. |
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(h) The county may file a civil action in district court to |
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recover the costs and fees assessed against a person under this |
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section and interest on the unpaid costs and fees. The court may |
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award court costs and reasonable attorney's fees to the prevailing |
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party. |
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SECTION 3. (a) Sections 343.022(b) and (c), Health and |
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Safety Code, as amended by this Act, apply only to a notice given on |
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or after the effective date of this Act. A notice given before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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(b) Section 343.023, Health and Safety Code, as amended by |
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this Act, applies only to an assessment of costs for which notice |
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was given on or after the effective date of this Act. An assessment |
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of costs for which notice was given before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |