By: Ellis S.B. No. 837

(In the Senate - Filed February 26, 2013; March 5, 2013, read first time and referred to Committee on Intergovernmental Relations; April 11, 2013, reported favorably by the following vote: Yeas 5, Nays 0; April 11, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a municipality to require owners of real property to keep the property free of certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 342.004, Health and Safety Code, is amended to read as follows:

Sec. 342.004. MUNICIPAL POWER CONCERNING WEEDS OR CERTAIN PUBLIC NUISANCES [OTHER UNSANITARY MATTER]. The governing body of a municipality may require the owner of real property [a lot] in the municipality to keep the property [lot] free from weeds, [rubbish,] brush, and a condition constituting a public nuisance as defined by Section 343.011(c)(1), (2), or (3) [other objectionable, unsightly, or unsanitary matter].

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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