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  S.B. No. 634
 
 
 
 
AN ACT
  relating to regulating faulty on-site sewage disposal systems in
  the unincorporated areas of a county as a public nuisance;
  providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 343.011, Health and
  Safety Code, is amended to read as follows:
         (c)  A public nuisance is:
               (1)  keeping, storing, or accumulating refuse on
  premises in a neighborhood unless the refuse is entirely contained
  in a closed receptacle;
               (2)  keeping, storing, or accumulating rubbish,
  including newspapers, abandoned vehicles, refrigerators, stoves,
  furniture, tires, and cans, on premises in a neighborhood or within
  300 feet of a public street for 10 days or more, unless the rubbish
  or object is completely enclosed in a building or is not visible
  from a public street;
               (3)  maintaining premises in a manner that creates an
  unsanitary condition likely to attract or harbor mosquitoes,
  rodents, vermin, or disease-carrying pests;
               (4)  allowing weeds to grow on premises in a
  neighborhood if the weeds are located within 300 feet of another
  residence or commercial establishment;
               (5)  maintaining a building in a manner that is
  structurally unsafe or constitutes a hazard to safety, health, or
  public welfare because of inadequate maintenance, unsanitary
  conditions, dilapidation, obsolescence, disaster, damage, or
  abandonment or because it constitutes a fire hazard;
               (6)  maintaining on abandoned and unoccupied property
  in a neighborhood a swimming pool that is not protected with:
                     (A)  a fence that is at least four feet high and
  that has a latched and locked gate; and
                     (B)  a cover over the entire swimming pool that
  cannot be removed by a child;
               (7)  maintaining on any property in a neighborhood in a
  county with a population of more than 1.1 million a swimming pool
  that is not protected with:
                     (A)  a fence that is at least four feet high and
  that has a latched gate that cannot be opened by a child; or
                     (B)  a cover over the entire swimming pool that
  cannot be removed by a child;
               (8)  maintaining a flea market in a manner that
  constitutes a fire hazard;
               (9)  discarding refuse or creating a hazardous visual
  obstruction on:
                     (A)  county-owned land; or
                     (B)  land or easements owned or held by a special
  district that has the commissioners court of the county as its
  governing body;
               (10)  discarding refuse on the smaller of:
                     (A)  the area that spans 20 feet on each side of a
  utility line; or
                     (B)  the actual span of the utility easement;
               (11)  filling or blocking a drainage easement, failing
  to maintain a drainage easement, maintaining a drainage easement in
  a manner that allows the easement to be clogged with debris,
  sediment, or vegetation, or violating an agreement with the county
  to improve or maintain a drainage easement; [or]
               (12)  discarding refuse on property that is not
  authorized for that activity; or
               (13)  surface discharge from an on-site sewage disposal
  system as defined by Section 366.002.
         SECTION 2.  Section 343.021, Health and Safety Code, is
  amended to read as follows:
         Sec. 343.021.  AUTHORITY TO ABATE NUISANCE. (a)  If a
  county adopts abatement procedures that are consistent with the
  general purpose of this chapter and that conform to this chapter,
  the county may abate a nuisance under this chapter:
               (1)  by demolition or removal, except as provided by
  Subsection (b);
               (2)  in the case of a nuisance under Section
  343.011(c)(1), (9), or (10), by prohibiting or controlling access
  to the premises;
               (3)  in the case of a nuisance under Section
  343.011(c)(6), by:
                     (A)  prohibiting or controlling access to the
  premises and installing a cover that cannot be opened by a child
  over the entire swimming pool; or
                     (B)  draining and filling the swimming pool; or
               (4)  in the case of a nuisance under Section
  343.011(c)(12), by removal, remediation, storage, transportation,
  disposal, or other means of waste management authorized under
  Chapter 361.
         (b)  In the case of a nuisance under Section 343.011(c)(13),
  the county may use any means of abatement reasonably necessary to
  bring the system into compliance with Chapter 366 only after the
  defendant fails to abate the nuisance as ordered by the court under
  Section 343.012(e).
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 634 passed the Senate on
  April 17, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 634 passed the House on
  May 14, 2013, by the following vote:  Yeas 142, Nays 1, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor