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.