Relating to authority and procedures for a county to abate a public nuisance.

The text as introduced · 643 words

90R4031 AB-D

By: Gervin-Hawkins
H.B. No. 1135

A BILL TO BE ENTITLED

AN ACT

relating to authority and procedures for a county to abate a public

nuisance.

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

SECTION 1. Section 343.021, Health and Safety Code, is

amended by adding Subsection (c) to read as follows:

(c) A county may abate a nuisance if:

(1) the nuisance constitutes a serious threat to the

health or environmental safety of a county resident or the public;

and

(2) a county official, agent, or employee previously

provided notice to abate the nuisance as required by Section

343.022 and the person receiving the notice failed to abate the

nuisance or to request a hearing before the time allotted under that

section expires.

SECTION 2. Section 343.022, Health and Safety Code, is

amended by amending Subsections (c) and (d) and adding Subsection

(g) 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) 16th [ 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) fifth [ 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 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) 16th [ 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) fifth [ 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.

(d) The notice must be given:

(1) by service in person or by registered or certified

mail, return receipt requested; or

(2) if personal service cannot be obtained or the

address of the person to be notified is unknown, by posting a copy

of the notice on the premises on which the nuisance exists and by :

(A) publishing the notice in a newspaper with

general circulation in the county two times within five [ 10 ]

consecutive days ; or

(B) posting the notice at the county courthouse

and on the county's Internet website .

(g) Notwithstanding any other provision of this section, if

a person previously received a notice from a county to abate a

nuisance and failed to bring the condition into compliance, the

county on notice to the person of a subsequent nuisance may grant

the person a specified period not to exceed 60 days to abate the

subsequent nuisance. The period is in addition to the time allotted

under Subsection (c)(2)(B).

SECTION 3. The changes in law made by this Act apply only to

a notice to abate a nuisance served on or after the effective date

of this Act. A notice served before the effective date of this Act

is governed by the law in effect on the date the notice was served,

and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2027.