BILL ANALYSIS H.B. 1932 By: Stickland County Affairs Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, if a faulty on-site sewage disposal system overflows in the unincorporated area of a county, the county has no authority to bring the system into compliance if the property owner fails to address the problem as ordered by a court. Interested parties contend that a county needs the authority to regulate a faulty on-site sewage disposal system as a public nuisance. H.B. 1932 seeks to respond to this need by amending current law defining a public nuisance. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1932 amends the Health and Safety Code to include as a public nuisance in the unincorporated area of a county the surface discharge from an on-site sewage disposal system. The bill authorizes a county after a defendant fails to abate such a nuisance as ordered by a court to use any means of abatement reasonably necessary to bring the system into compliance with statutory provisions governing such systems. EFFECTIVE DATE September 1, 2013.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1932
By: Stickland
County Affairs
Committee Report (Unamended)
H.B. 1932
By: Stickland
County Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE Currently, if a faulty on-site sewage disposal system overflows in the unincorporated area of a county, the county has no authority to bring the system into compliance if the property owner fails to address the problem as ordered by a court. Interested parties contend that a county needs the authority to regulate a faulty on-site sewage disposal system as a public nuisance. H.B. 1932 seeks to respond to this need by amending current law defining a public nuisance.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1932 amends the Health and Safety Code to include as a public nuisance in the unincorporated area of a county the surface discharge from an on-site sewage disposal system. The bill authorizes a county after a defendant fails to abate such a nuisance as ordered by a court to use any means of abatement reasonably necessary to bring the system into compliance with statutory provisions governing such systems.
EFFECTIVE DATE September 1, 2013.
BACKGROUND AND PURPOSE
Currently, if a faulty on-site sewage disposal system overflows in the unincorporated area of a county, the county has no authority to bring the system into compliance if the property owner fails to address the problem as ordered by a court. Interested parties contend that a county needs the authority to regulate a faulty on-site sewage disposal system as a public nuisance. H.B. 1932 seeks to respond to this need by amending current law defining a public nuisance.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1932 amends the Health and Safety Code to include as a public nuisance in the unincorporated area of a county the surface discharge from an on-site sewage disposal system. The bill authorizes a county after a defendant fails to abate such a nuisance as ordered by a court to use any means of abatement reasonably necessary to bring the system into compliance with statutory provisions governing such systems.
EFFECTIVE DATE
September 1, 2013.