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.