HBA-CMT H.B. 2092 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2092 By: Brown, Betty County Affairs 3/25/2001 Introduced BACKGROUND AND PURPOSE The Local Government Code authorizes a municipality to prohibit any nuisance within the municipality and within 5,000 feet of the municipality. Therefore, public nuisances are only regulated within certain areas. House Bill 2092 provides for nuisance regulation in unincorporated areas. 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. ANALYSIS House Bill 2092 amends the Local Government Code to authorize the commissioners court of a county by order to define and declare what constitutes a nuisance, prohibit or otherwise restrict a nuisance, and provide procedures to abate and remove a nuisance. The authority granted under these provisions applies only to the unincorporated area of a county. If an order adopted under the provisions of this bill conflicts with an ordinance of a municipality or another statute, the municipal ordinance prevails within the municipality's jurisdiction. The bill entitles any person to injunctive relief to prevent the creation of or continuation of a nuisance that is prohibited by an order adopted under the provisions of this bill. A person commits a Class C misdemeanor if the person knowingly or intentionally engages in conduct that creates, causes to be created, or results in the continuation of a nuisance that is prohibited by an order adopted under the provisions of this bill. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.