Texas House Bill HB2359

Texas 2017 - 85th Regular

Caption

Relating to common nuisances.

Impact

The enactment of HB2359 will allow for increased judicial authority over properties that are classified as common nuisances. Local governments will benefit from a clearer legal framework in dealing with problem properties, thereby potentially reducing crime and improving neighborhood safety. In addition to addressing public health and safety, this bill could also help enhance the overall quality of life in affected communities by facilitating the cleanup and management of abandoned or hazardous properties.

Summary

House Bill 2359 addresses the issue of common nuisances by amending the Texas Civil Practice and Remedies Code. The bill specifies activities that render a property a common nuisance, including numerous criminal activities such as drug offenses, gambling, and other behaviors that are directly linked to public safety. This legislation empowers courts to intervene in maintaining vacant lots or buildings deemed as nuisances, by appointing receivers or taking other actions as necessary to abate the nuisance. This change aims to provide local governments and law enforcement with more tools to respond to public safety concerns effectively.

Sentiment

The general sentiment around HB2359 appears supportive in the context of public safety, with advocates emphasizing the need for local authorities to have available mechanisms to tackle disruptive and dangerous activities that compromise community well-being. However, there might be some contention regarding the extent of judicial intervention and the balance of power between local authorities and property owners, as there may be concerns about due process in managing properties that are labeled as nuisances.

Contention

Notable points of contention surrounding HB2359 center on the implications of defining common nuisances and the potential for misuse of the authority granted to courts. Critics may express concern that such definitions could lead to overreach, unjustly penalizing property owners or creating conflicts regarding property rights. By placing more power in the hands of the judiciary to manage these issues, there is a risk of contentious legal battles over what constitutes a nuisance, as well as how these laws are enforced in practice.