Texas House Bill HB736

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09

Caption

Relating to authorizing certain counties to regulate nuisances.

Impact

With the passage of HB 736, counties could implement regulations regarding noise disturbances and disorderly behavior, which would enhance local governance capacity. The bill prescribes that any regulations created by county commissioners must remain applicable only to areas that are not incorporated into municipalities. Thus, it does not interfere with existing municipal ordinances unless there is a direct conflict, wherein the municipal ordinance would prevail. This separation of power aims to streamline local governance while respecting existing laws.

Summary

House Bill 736 aims to empower county officials in Texas to address nuisances and disorderly conduct in unincorporated areas. The proposed legislation allows county commissioners to define nuisances, abate them, and even impose fines on individuals responsible for these nuisances. This marks a significant shift in local governance, granting counties more authority to respond to issues impacting public health and comfort, potentially reducing the burden on municipal governments that may have previously handled such issues.

Contention

The introduction of HB 736 could lead to contentious debates regarding the balance of power between county and municipal authorities. Supporters argue that it allows for more responsive local governance concerning public disturbances, while critics may see it as a potential overreach into areas typically managed by cities. There is concern that expanding county powers could lead to inconsistencies in how nuisances are managed across jurisdictions, particularly in instances where urban and rural needs differ greatly.