HBA-MPM, DMD H.B. 1159 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1159 By: Ellis, Dan Environmental Regulation 7/20/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislative Session, some public nuisance statutes applied only in counties with a population of 125,000 or more. H.B. 1159 extends public nuisance statutes to include all unincorporated areas of Texas counties, regardless of population. This bill also specifies the authority of the commissioners court of a county pertaining to special exemptions. 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 Section 343.011, Health and Safety Code, as follows: Sec. 343.011. New Title: PUBLIC NUISANCE. Sets forth that this section applies only to the unincorporated area of a county, rather than the unincorporated area of a county with a population of 125,000 or more. Deletes the provision "on any premises" when prohibiting a person from causing, permitting, or allowing a public nuisance. Sets forth sites and facilities to which this section does not apply. Modifies the definition for "public nuisance." Defines "agricultural land." Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 343.0111, Health and Safety Code, as follows: Sec. 343.0111. New Title: SPECIAL EXCEPTION OR VARIANCE TO PUBLIC NUISANCE CLASSIFICATION. Specifies the authority of the commissioners court of a county pertaining to special exemptions. Deletes text specifying that this section applies to the unincorporated area of a county regardless of the population size of the county. Requires the commissioners court to keep a record of its proceedings and must include in the record a showing of the reasons for each decision made under this section. Deletes Subsection (c), which defines "public nuisance." Makes a conforming change. SECTION 3. Amends Section 343.012(a), Health and Safety Code, to make a conforming change. SECTION 4.Makes application of Section 343.011, Health and Safety Code, as amended by this Act, prospective. SECTION 5.Effective date: September 1, 1999. SECTION 6.Emergency clause.