| 1 | 1 | | 83R2827 NC-D |
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| 2 | 2 | | By: Giddings, et al. H.B. No. 832 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the abatement of mosquitoes in stagnant water located |
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| 8 | 8 | | on certain uninhabited residential property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 341, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 341.019 to read as follows: |
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| 12 | 12 | | Sec. 341.019. MOSQUITO CONTROL ON UNINHABITED RESIDENTIAL |
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| 13 | 13 | | PROPERTY. (a) Notwithstanding any other law, a municipality, |
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| 14 | 14 | | county, or other local health authority may abate, without notice, |
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| 15 | 15 | | a public health nuisance under Section 341.011(7) that: |
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| 16 | 16 | | (1) is located on residential property that is |
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| 17 | 17 | | reasonably presumed to be abandoned or that is uninhabited due to |
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| 18 | 18 | | foreclosure; and |
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| 19 | 19 | | (2) is an immediate danger to the health, life, or |
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| 20 | 20 | | safety of any person. |
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| 21 | 21 | | (b) A public official, agent, or employee charged with the |
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| 22 | 22 | | enforcement of health, environmental, or safety laws may enter the |
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| 23 | 23 | | premises described by Subsection (a) at a reasonable time to |
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| 24 | 24 | | inspect, investigate, or abate the nuisance. |
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| 25 | 25 | | (c) In this section, abatement is limited to the treatment |
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| 26 | 26 | | with a mosquito larvicide of stagnant water in which mosquitoes are |
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| 27 | 27 | | breeding. |
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| 28 | 28 | | (d) The public official, agent, or employee shall post on |
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| 29 | 29 | | the front door of the residence a notice stating: |
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| 30 | 30 | | (1) the identity of the treating authority; |
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| 31 | 31 | | (2) the purpose and date of the treatment; |
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| 32 | 32 | | (3) a description of the areas of the property treated |
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| 33 | 33 | | with larvicide; |
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| 34 | 34 | | (4) the type of larvicide used; and |
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| 35 | 35 | | (5) any known risks of the larvicide to humans or |
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| 36 | 36 | | animals. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2013. |
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