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.