| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R10612 EAH-F | |
| 2 | 2 | By: Coleman H.B. No. 4120 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to an odor nuisance ordinance enacted by a municipality. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Section 382.113(b), Health and Safety Code, is | |
| 10 | 10 | amended to read as follows: | |
| 11 | 11 | (b) An ordinance enacted by a municipality: | |
| 12 | 12 | (1) must be consistent with this chapter and the | |
| 13 | 13 | commission's rules and orders; | |
| 14 | 14 | (2) [and] may not make unlawful a condition or act | |
| 15 | 15 | approved or authorized under this chapter or the commission's rules | |
| 16 | 16 | or orders; and | |
| 17 | 17 | (3) must establish objective, ascertainable, and | |
| 18 | 18 | measurable standards for any nuisance odors. | |
| 19 | 19 | SECTION 2. This Act takes effect immediately if it receives | |
| 20 | 20 | a vote of two-thirds of all the members elected to each house, as | |
| 21 | 21 | provided by Section 39, Article III, Texas Constitution. If this | |
| 22 | 22 | Act does not receive the vote necessary for immediate effect, this | |
| 23 | 23 | Act takes effect September 1, 2009. |