HBA-CMT C.S.H.B. 2092 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2092 By: Brown, Betty County Affairs 4/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law authorizes a municipality to prohibit any nuisance within the municipality and within 5,000 feet of the municipality and in certain areas of counties. C.S.H.B. 2092 provides that keeping, storing, or accumulating rubbish within 300 feet of a public street for 10 days or more is a public nuisance that a county is authorized to regulate. 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 C.S.H.B. 2092 amends the Health and Safety Code to provide that a public nuisance, includes keeping, storing, or accumulating rubbish, including newspapers, abandoned vehicles, refrigerators, stoves, furniture, tires, and cans within 300 feet of a public street for 10 days or more, unless the rubbish or object is completely enclosed in a building or is not visible from a public street. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2092 modifies the original bill by adding that a public nuisance is keeping, storing, or accumulating rubbish or other objects within 300 feet of a public street for 10 days or more, unless the rubbish or object is completely enclosed in a building or is not visible from a public street. The substitute removes the provision authorizing the commissioners court of a county to define and declare what constitutes a nuisance, prohibit or otherwise restrict a nuisance, and provide procedures to abate and remove a nuisance. The substitute removes the provision that a person who knowingly or intentionally engages in conduct that creates, causes to be created, or results in the continuation of a public nuisance commits a Class C misdemeanor. The substitute also removes the provision which entitled any person to injunctive relief to prevent the creation of continuation of a prohibited nuisance. The substitute modifies the effective date of the original bill.