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.