|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the authority of a county to assess the costs of |
|
abatement of a nuisance on real property against certain persons. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 343.022(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(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 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 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 |
|
(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 Subsection (g) to |
|
read as follows: |
|
(a) A county may: |
|
(1) assess to 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) 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) Section 343.022(c), Health and Safety Code, |
|
as amended by this Act, applies 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. |