Texas House Bill HB895

Texas 2009 - 81st Regular

Caption

Relating to the time in which a person must abate an animal carcass nuisance.

Impact

This bill introduces stricter time frames for addressing nuisances related to animal carcasses, potentially resulting in quicker action by property owners and thus promoting public health and safety. The focus on reducing the time allowed to abate such nuisances aims to mitigate health risks associated with decaying animal remains, which can attract pests and spread disease. Additionally, it establishes clear guidelines that local authorities must follow when notifying offenders, thereby enhancing the enforcement process for these public nuisance laws.

Summary

House Bill 895 addresses public nuisances, specifically focusing on the issue of animal carcasses found on properties. The bill amends Section 343.012 of the Health and Safety Code to define how soon individuals must abate the nuisance caused by animal carcasses. Under this bill, a person is required to comply within three days of receiving notice from a county official if they are found to be keeping, storing, or accumulating an animal carcass, with additional stipulations for other types of nuisances defined earlier in Section 343.011.

Contention

One point of contention surrounding HB 895 is the balance between governmental authority and individual property rights. Opponents may argue that the strict deadline for abatement could be burdensome for some property owners who may not have immediate resources to comply within three days. This concern raises discussions about the adequacy of support for property owners in violation of such statutes, particularly in lower-income areas or rural communities where access to rapid assistance may be limited. Furthermore, there might be discussions related to the definitions of nuisances and the thresholds required for legal action, which could lead to variability in enforcement across different counties.