HBA-DMD H.B. 1159 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1159 By: Ellis, Dan Environmental Regulation 2/23/1999 Introduced BACKGROUND AND PURPOSE Currently, some public nuisance statutes apply 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. 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 and reenacts Sections 343.011 and 343.0111, Health and Safety Code, as Section 343.011, as follows: Sec. 343.011. New Title: PUBLIC NUISANCE IN UNINCORPORATED AREA OF COUNTY. Sets forth that this section applies only to the unincorporated area of a county, rather than a unincorporated area of a county with a population of 125,000 or more. Provides that this section does not apply to a site or facility that is permitted and regulated by a state agency or licensed or permitted under Chapter 361 (Solid Waste Disposal Act). Deletes the provision "on any premises" when prohibiting a person from causing, permitting, or allowing a public nuisance. Deletes portions of Section 343.0111 (Public Nuisance Generally Applicable) and incorporates remaining text into Section 343.011. Creates Subdivisions (8) and (9) from Subdivisions (1) and (2) of Section 343.0111 (Public Nuisance Generally Applicable), with the result that Section 343.0111 no longer exists. Deletes "certain counties" from existing title. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 343.012(a), Health and Safety Code, to make a conforming change. SECTION 3.Makes application of this Act prospective. SECTION 4.Effective date: September 1, 1999. SECTION 5.Emergency clause.