Texas House Bill HB2438

Texas 2013 - 83rd Regular

Caption

Relating to the authority of a county to assess costs and fees relating to the abatement of a nuisance on real property against certain persons.

Impact

The bill grants counties the authority to not only assess costs related to abating a nuisance but also stipulates that they must attempt to recover these costs from the responsible party before imposing charges on the property owner. This is crucial as it emphasizes accountability, ensuring that those who are directly responsible for the nuisance bear the costs, rather than the property owners who may have been unaware of the issues.

Summary

House Bill 2438 addresses the authority of counties in Texas to assess costs and fees associated with the abatement of nuisances on real property. The bill specifically amends the Health and Safety Code, altering the procedures by which counties notify property owners and the responsible parties about nuisances. It clarifies the requirements for written notice indicating the specific condition that constitutes a nuisance and outlines the timelines for remediation by involved parties.

Contention

Notable points of contention surrounding HB2438 may arise regarding the definition of what constitutes a nuisance and the clarity of the notification process. Critics may argue about the effectiveness of a notice-based approach in ensuring compliance from responsible parties, especially in cases where such parties are difficult to identify. Furthermore, the bill's stipulations for cost recovery could lead to disputes over the fairness of assessed fees, particularly in scenarios where property owners are inadvertently held liable for a nuisance they did not cause.