83R24239 NC-F
By: Farias H.B. No. 2438
Substitute the following for H.B. No. 2438:
By: M. Gonzalez of El Paso C.S.H.B. No. 2438
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 343.022(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The abatement procedures must require that written
notice be given to:
(1) the owner [, lessee, occupant, agent, or person in
charge] of the premises or an agent of the owner; and
(2) the person responsible for causing a public
nuisance on the premises when:
(A) that person is not the owner[, lessee,
occupant, agent, or person in charge] of the premises or an agent of
the owner; and
(B) the person responsible can be identified.
(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 against [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 if the county seeks to recover abatement
costs, including legal notification and administrative fees, the
county will make an effort to recover costs from the person
responsible for causing the nuisance, if that person can be
identified, before assessing costs against the owner of the
premises;
(5) 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
(6) [(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 Subsections (g) and
(h) to read as follows:
(a) Except as provided by Subsection (g), a [A] county may:
(1) assess against 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) Before assessing costs and fees against an owner of the
premises under this section, a county must attempt to recover the
costs from the person responsible for causing the nuisance if that
person can be identified.
(h) 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) Sections 343.022(b) and (c), Health and
Safety Code, as amended by this Act, apply 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.