| 1 | 1 | | 81R15584 PAM-D |
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| 2 | 2 | | By: Quintanilla, Marquez H.B. No. 736 |
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| 3 | 3 | | Substitute the following for H.B. No. 736: |
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| 4 | 4 | | By: Morrison C.S.H.B. No. 736 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to authorizing certain counties to regulate nuisances. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle B, Title 7, Local Government Code, is |
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| 12 | 12 | | amended by adding Chapter 236 to read as follows: |
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| 13 | 13 | | CHAPTER 236. COUNTY REGULATION OF NUISANCES |
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| 14 | 14 | | Sec. 236.001. APPLICABILITY OF REGULATIONS. An order |
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| 15 | 15 | | adopted by a commissioners court under this chapter applies only in |
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| 16 | 16 | | the unincorporated area of a county with a population of 650,000 or |
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| 17 | 17 | | more that is located within 100 miles of an international border. |
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| 18 | 18 | | Sec. 236.002. NUISANCE. The commissioners court of a |
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| 19 | 19 | | county by order may: |
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| 20 | 20 | | (1) abate and remove a nuisance and punish by fine the |
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| 21 | 21 | | person responsible for the nuisance; |
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| 22 | 22 | | (2) define and declare what constitutes a nuisance and |
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| 23 | 23 | | authorize and direct the summary abatement of the nuisance; and |
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| 24 | 24 | | (3) abate in any manner the commissioners court |
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| 25 | 25 | | considers expedient any nuisance that may injure or affect the |
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| 26 | 26 | | public health or comfort. |
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| 27 | 27 | | Sec. 236.003. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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| 28 | 28 | | ORDER. If an order adopted by a commissioners court under this |
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| 29 | 29 | | chapter conflicts with an ordinance of a municipality, the |
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| 30 | 30 | | municipal ordinance prevails within the municipality's |
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| 31 | 31 | | jurisdiction to the extent of the conflict. |
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| 32 | 32 | | Sec. 236.004. CONFLICT WITH OTHER LAWS. This chapter may |
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| 33 | 33 | | not be construed to interfere with a right guaranteed by the Second |
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| 34 | 34 | | Amendment to the United States Constitution. |
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| 35 | 35 | | Sec. 236.005. CUMULATIVE EFFECT. Authority under this |
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| 36 | 36 | | chapter is cumulative of other authority that a county has to |
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| 37 | 37 | | regulate nuisances and does not limit that other authority. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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