83R9582 NC-F
By: Farias H.B. No. 2438
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county to assess the costs of
abatement of a nuisance on real property against certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 343.022(c), Health and Safety Code, is
amended to read as follows:
(c) The notice must state:
(1) the specific condition that constitutes a
nuisance;
(2) that the person receiving notice shall abate the
nuisance before the:
(A) 31st day after the date on which the notice is
served, if the person has not previously received a notice
regarding a nuisance on the premises; or
(B) 10th business day after the date on which the
notice is served, if the person has previously received a notice
regarding a nuisance on the premises;
(3) that failure to abate the nuisance may result in:
(A) abatement by the county;
(B) assessment of costs to the person receiving
the notice [responsible for causing the nuisance when that person
can be identified]; and
(C) a lien against the property on which the
nuisance exists[, if the person responsible for causing the
nuisance has an interest in the property];
(4) that the county may prohibit or control access to
the premises to prevent a continued or future nuisance described by
Section 343.011(c)(1), (6), (9), or (10); and
(5) that the person receiving notice is entitled to
submit a written request for a hearing before the:
(A) 31st day after the date on which the notice is
served, if the person has not previously received a notice
regarding a nuisance on the premises; or
(B) 10th business day after the date on which the
notice is served, if the person has previously received a notice
regarding a nuisance on the premises.
SECTION 2. Section 343.023, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (g) to
read as follows:
(a) A county may:
(1) assess to a person receiving notice under Section
343.022:
(A) the cost of abating the nuisance, including
management, remediation, storage, transportation, and disposal
costs, and damages and other expenses incurred by the county;
(B) the cost of legal notification by
publication; and
(C) an administrative fee of not more than $100
[on the person receiving notice under Section 343.022]; or
(2) by resolution or order, assess against the
property on which the nuisance exists:
(A) the cost of abating the nuisance;
(B) the cost of legal notification by
publication; and
(C) an administrative fee of not more than $100
[against the property on which the nuisance exists].
(g) The county may file a civil action in district court to
recover the costs and fees assessed against a person under this
section and interest on the unpaid costs and fees. The court may
award court costs and reasonable attorney's fees to the prevailing
party.
SECTION 3. (a) Section 343.022(c), Health and Safety Code,
as amended by this Act, applies only to a notice given on or after
the effective date of this Act. A notice given before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
(b) Section 343.023, Health and Safety Code, as amended by
this Act, applies only to an assessment of costs for which notice
was given on or after the effective date of this Act. An assessment
of costs for which notice was given before the effective date of
this Act is governed by the law as it existed immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.