Texas House Bill HB459

Texas 2009 - 81st Regular

• Filed: 12/22/08
• Out of House Committee: 4/9/09
• Voted on by House: 5/7/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/25/09

Caption

Relating to county abatement and regulation of nuisances.

Impact

If enacted, HB 459 will enable counties to take stronger actions against unsafe buildings that pose threats to public safety. By allowing access control, it provides a mechanism for local governments to act when property owners have failed to address hazardous conditions. This authority may also lead to more proactive measures, potentially decreasing incidents of injury or damage related to such nuisances. The bill underlines the balance between local regulatory authority and the necessity of maintaining public health standards.

Summary

House Bill 459 seeks to amend the Health and Safety Code in Texas, enhancing the authority of counties to abate certain public nuisances, particularly unsafe buildings. This bill defines 'abatement' in extensive terms, allowing counties not only to eliminate or remedy unsafe conditions but also to restrict access to properties identified as nuisances. Significantly, it requires counties to adopt abatement procedures that must be handled by a full-time employee, emphasizing a formalized approach to nuisance control and public safety.

Contention

Potential points of contention surrounding HB 459 include concerns over the scope of authority it grants to counties and the process by which nuisances are identified and managed. Critics may argue that the bill could lead to overreach, where counties may impose restrictions excessively or without proper checks. Additionally, the financial implications for counties in terms of resources required for this mandated oversight could result in debates about funding and local taxation. Ultimately, the balance between public safety and individual property rights will likely be at the forefront of discussions regarding this legislation.