81R2594 NC-D
By: Leibowitz H.B. No. 459
A BILL TO BE ENTITLED
AN ACT
relating to county abatement of certain unsafe buildings that are a
public nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 343.002(1), Health and Safety Code, is
amended to read as follows:
(1) "Abate" means to eliminate or remedy:
(A) by removal, repair, rehabilitation, or
demolition;
(B) in the case of a nuisance under Section
343.011(c)(1), (5), (8), or (9), by prohibition or control of
access; and
(C) in the case of a nuisance under Section
343.011(c)(11), by removal, remediation, storage, transportation,
disposal, or other means of waste management authorized by Chapter
361.
SECTION 2. Section 343.013(c), Health and Safety Code, is
amended to read as follows:
(c) A county may bring suit under this section to prohibit
or control access to the premises to prevent a continued or future
violation of Section 343.011(c)(1), (5), (6), (9), or (10). The
court may grant relief under this subsection only if the county
demonstrates that:
(1) the person responsible for causing the public
nuisance has not responded sufficiently to previous attempts to
abate a nuisance on the premises, if the relief sought prohibits or
controls access of a person other than the owner; or
(2) the owner of the premises knew about the nuisance
and has not responded sufficiently to previous attempts to abate a
nuisance on the premises, if the relief sought controls access of
the owner.
SECTION 3. Section 343.021, Health and Safety Code, as
amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If a county
adopts abatement procedures that are consistent with the general
purpose of this chapter and that conform to this chapter, the county
may abate a nuisance under this chapter:
(1) by demolition or removal;
(2) in the case of a nuisance under Section
343.011(c)(1), (5), (9), or (10), by prohibiting or controlling
access to the premises;
(3) in the case of a nuisance under Section
343.011(c)(6), by:
(A) prohibiting or controlling access to the
premises and installing a cover that cannot be opened by a child
over the entire swimming pool; or
(B) draining and filling the swimming pool; or
(4) in the case of a nuisance under Section
343.011(c)(11), by removal, remediation, storage, transportation,
disposal, or other means of waste management authorized under
Chapter 361.
SECTION 4. Section 343.022(a), Health and Safety Code, as
amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
(a) The abatement procedures adopted by the commissioners
court must be administered by a regularly salaried, full-time
county employee. A person authorized by the person administering
the abatement program may administer:
(1) the prohibition or control of access to the
premises to prevent a violation of Section 343.011(c)(1), (5), (6),
(9), or (10);
(2) the removal or demolition of the nuisance; and
(3) the abatement of a nuisance described by Section
343.011(c)(11).
SECTION 5. Section 343.022(c), Health and Safety Code, is
amended 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) 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) 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), (5), (6), (9), or (10); and
(5) that the person receiving notice is entitled to
submit a written request for a hearing before the:
(A) 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) 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.
SECTION 6. Section 343.0235, Health and Safety Code, is
amended to read as follows:
Sec. 343.0235. USE OF COUNTY FUNDS. A county is entitled to
use any money available under other law for a cleanup or remediation
of private property to abate a nuisance described by Section
343.011(c)(1), (5), (9), or (10).
SECTION 7. This Act takes effect September 1, 2009.