Texas House Bill HB1439

Texas 2023 - 88th Regular

• Filed: 1/18/23

Caption

Relating to the authority of a county or municipality to require removal of graffiti from private property.

Impact

If enacted, HB 1439 would enable local governments to act quickly in removing graffiti, thereby decreasing the potential for property blight in communities. The shorter notice period would likely enhance the capacity of cities and counties to enforce graffiti removal ordinances. Additionally, the bill allows municipalities to charge property owners for the costs incurred in the graffiti removal if they fail to comply with the required ordinances. The overall objective is to empower local governments to maintain both public spaces and community standards in a more efficient manner.

Summary

House Bill 1439 addresses the authority of counties and municipalities in Texas to require the removal of graffiti from private property. The bill proposes to reduce the notice period required before local authorities can compel property owners to address graffiti from 15 days down to 10 days. This legislative change is aimed at enabling quicker action on what is often considered a public nuisance, allowing cities to maintain aesthetics and community standards more effectively. The bill specifically amends the Local Government Code to facilitate this expedited process.

Sentiment

The sentiment surrounding HB 1439 appears to be generally supportive amongst local government representatives and officials. Testimonies from community leaders, such as Thomas Reeves from the city of Baytown, indicate a strong backing for the bill, citing the common nuisance that graffiti represents. They emphasize the importance of timely remediation efforts in fostering healthier and more visually appealing environments. However, there may also be concerns regarding the potential implications for property owner rights, although these concerns were not extensively detailed in the discussions referenced.

Contention

Notably, while the bill aims to streamline graffiti removal, some stakeholders may contend that reducing the notice period could infringe on property owner rights or lead to hasty decisions by local authorities. The lack of detailed discussions on opposition highlights a possible area of contention, where property owners could feel they are not afforded sufficient time to address the issues themselves before local governments take action. Nonetheless, the bill is designed to enhance local control and responsiveness to community aesthetics and concerns.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 250. Miscellaneous Regulatory Authority
  • Section: 006