Texas 2013 - 83rd Regular

Texas House Bill HB2438 Compare Versions

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1	1	83R24239 NC-F
2	2	By: Farias H.B. No. 2438
3	3	Substitute the following for H.B. No. 2438:
4	4	By: M. Gonzalez of El Paso C.S.H.B. No. 2438
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a county to assess costs and fees
10	10	relating to the abatement of a nuisance on real property against
11	11	certain persons.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 343.022(b) and (c), Health and Safety
14	14	Code, are amended to read as follows:
15	15	(b) The abatement procedures must require that written
16	16	notice be given to:
17	17	(1) the owner [, lessee, occupant, agent, or person in
18	18	charge] of the premises or an agent of the owner; and
19	19	(2) the person responsible for causing a public
20	20	nuisance on the premises when:
21	21	(A) that person is not the owner[, lessee,
22	22	occupant, agent, or person in charge] of the premises or an agent of
23	23	the owner; and
24	24	(B) the person responsible can be identified.
25	25	(c) The notice must state:
26	26	(1) the specific condition that constitutes a
27	27	nuisance;
28	28	(2) that the person receiving notice shall abate the
29	29	nuisance before the:
30	30	(A) 31st day after the date on which the notice is
31	31	served, if the person has not previously received a notice
32	32	regarding a nuisance on the premises; or
33	33	(B) 10th business day after the date on which the
34	34	notice is served, if the person has previously received a notice
35	35	regarding a nuisance on the premises;
36	36	(3) that failure to abate the nuisance may result in:
37	37	(A) abatement by the county;
38	38	(B) assessment of costs against [to] the person
39	39	receiving the notice [responsible for causing the nuisance when
40	40	that person can be identified]; and
41	41	(C) a lien against the property on which the
42	42	nuisance exists[, if the person responsible for causing the
43	43	nuisance has an interest in the property];
44	44	(4) that if the county seeks to recover abatement
45	45	costs, including legal notification and administrative fees, the
46	46	county will make an effort to recover costs from the person
47	47	responsible for causing the nuisance, if that person can be
48	48	identified, before assessing costs against the owner of the
49	49	premises;
50	50	(5) that the county may prohibit or control access to
51	51	the premises to prevent a continued or future nuisance described by
52	52	Section 343.011(c)(1), (6), (9), or (10); and
53	53	(6) [(5)] that the person receiving notice is entitled
54	54	to submit a written request for a hearing before the:
55	55	(A) 31st day after the date on which the notice is
56	56	served, if the person has not previously received a notice
57	57	regarding a nuisance on the premises; or
58	58	(B) 10th business day after the date on which the
59	59	notice is served, if the person has previously received a notice
60	60	regarding a nuisance on the premises.
61	61	SECTION 2. Section 343.023, Health and Safety Code, is
62	62	amended by amending Subsection (a) and adding Subsections (g) and
63	63	(h) to read as follows:
64	64	(a) Except as provided by Subsection (g), a [A] county may:
65	65	(1) assess against a person receiving notice under
66	66	Section 343.022:
67	67	(A) the cost of abating the nuisance, including
68	68	management, remediation, storage, transportation, and disposal
69	69	costs, and damages and other expenses incurred by the county;
70	70	(B) the cost of legal notification by
71	71	publication; and
72	72	(C) an administrative fee of not more than $100
73	73	[on the person receiving notice under Section 343.022]; or
74	74	(2) by resolution or order, assess against the
75	75	property on which the nuisance exists:
76	76	(A) the cost of abating the nuisance;
77	77	(B) the cost of legal notification by
78	78	publication; and
79	79	(C) an administrative fee of not more than $100
80	80	[against the property on which the nuisance exists].
81	81	(g) Before assessing costs and fees against an owner of the
82	82	premises under this section, a county must attempt to recover the
83	83	costs from the person responsible for causing the nuisance if that
84	84	person can be identified.
85	85	(h) The county may file a civil action in district court to
86	86	recover the costs and fees assessed against a person under this
87	87	section and interest on the unpaid costs and fees. The court may
88	88	award court costs and reasonable attorney's fees to the prevailing
89	89	party.
90	90	SECTION 3. (a) Sections 343.022(b) and (c), Health and
91	91	Safety Code, as amended by this Act, apply only to a notice given on
92	92	or after the effective date of this Act. A notice given before the
93	93	effective date of this Act is governed by the law as it existed
94	94	immediately before the effective date of this Act, and the former
95	95	law is continued in effect for that purpose.
96	96	(b) Section 343.023, Health and Safety Code, as amended by
97	97	this Act, applies only to an assessment of costs for which notice
98	98	was given on or after the effective date of this Act. An assessment
99	99	of costs for which notice was given before the effective date of
100	100	this Act is governed by the law as it existed immediately before the
101	101	effective date of this Act, and the former law is continued in
102	102	effect for that purpose.
103	103	SECTION 4. This Act takes effect September 1, 2013.