By: Carona, et al. S.B. No. 186
(Giddings)
A BILL TO BE ENTITLED
AN ACT
relating to the abatement of mosquitoes in stagnant water located
on certain uninhabited residential property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 341, Health and Safety
Code, is amended by adding Section 341.019 to read as follows:
Sec. 341.019. MOSQUITO CONTROL ON UNINHABITED RESIDENTIAL
PROPERTY. (a) Notwithstanding any other law, a municipality,
county, or other local health authority may abate, without notice,
a public health nuisance under Section 341.011(7) that:
(1) is located on residential property that is
reasonably presumed to be abandoned or that is uninhabited due to
foreclosure; and
(2) is an immediate danger to the health, life, or
safety of any person.
(b) A public official, agent, or employee charged with the
enforcement of health, environmental, or safety laws may enter the
premises described by Subsection (a) at a reasonable time to
inspect, investigate, or abate the nuisance.
(c) In this section, abatement is limited to the treatment
with a mosquito larvicide of stagnant water in which mosquitoes are
breeding.
(d) The public official, agent, or employee shall post on
the front door of the residence a notice stating:
(1) the identity of the treating authority;
(2) the purpose and date of the treatment;
(3) a description of the areas of the property treated
with larvicide;
(4) the type of larvicide used; and
(5) any known risks of the larvicide to humans or
animals.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.