HBA-ATS, PDH H.B. 1135 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1135 By: Dutton Civil Practices 4/12/1999 Introduced BACKGROUND AND PURPOSE In many cities throughout Texas stand abandoned buildings and homes. These abandoned structures attract criminals, the homeless, and rodents. Abandoned structures are not only health hazards but nuisances to the people living in the surrounding community. Although the police investigate reports filed by the residents, no effective remedy exists to remove these nuisances from the neighborhood. H.B. 1135 authorizes a resident of a municipality to bring a suit to require the municipality to take remedial action against a public nuisance that is occurring in the municipality. The court may order the municipality to perform specific tasks, including the acquisition of property, if it determines that the alleged nuisance that is the object of the suit is a public nuisance and a threat to the public health or welfare of the residents of the municipality. However, the court must find that the acquisition of a property by the municipality serves a public purpose of the municipality before ordering such relief. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 125, Civil Practice and Remedies Code, by adding Section 125.023, as follows: Sec. 125.023. ADDITIONAL REMEDIES IN MUNICIPALITY. (a) Authorizes a resident of a municipality, in addition to other remedies available under this chapter, to bring a suit to require the municipality to take remedial action against a public nuisance that is occurring in the municipality. Provides that a suit may be brought only in the county in which the nuisance occurs. (b) Authorizes a court to order a municipality to perform specific tasks, including the acquisition of property, if the court determines that the alleged nuisance that is the object of the suit is a public nuisance and a threat to the public health or welfare of the residents of the municipality. (c) Provides that the court must find that the acquisition of a property by the municipality serves a public purpose of the municipality before ordering such relief. SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause.