HBA-DMH H.B. 862 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 862
By: Dutton
Civil Practices
3/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a district, county, or city attorney, or a citizen is
authorized to sue to enjoin the use of property being used in a manner that
constitutes a public nuisance.  Any person who uses or is about to use a
premises for purposes deemed a public nuisance may be made a defendant in
such a suit to abate the public nuisance.  At times, local authorities have
been reluctant to pursue citizen complaints regarding public nuisances, and
some citizens feel their complaints do not receive the necessary attention.
House Bill 862 authorizes a resident of a municipality to bring suit
directly against the municipality to force it to remedy the public
nuisance.  

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 862 amends the Civil Practice and Remedies Code to authorize a
resident of a municipality to bring a suit to require the municipality to
take remedial action against a public nuisance that is occurring in the
municipality.  The bill authorizes the suit to be brought only in a county
in which the nuisance occurs. If the court determines that the alleged
nuisance is a public nuisance and a threat to the public health or welfare
of the residents of the municipality, the bill authorizes the court to
order the municipality to: 

_warn any person who uses or is about to use the premises for the purposes
constituting the nuisance that the use constitutes a public nuisance; 

_investigate whether the municipality should bring a suit to abate the
nuisance; 

_purchase property on which a use that constitutes the public nuisance has
occurred; or 

_exercise the power of eminent domain to acquire the property on which a
use that constitutes the public nuisance has occurred. 

The bill provides that the court must find that the acquisition of the
property by the municipality serves a public purpose of the municipality
before purchasing property or exercising the power of eminent domain.  

EFFECTIVE DATE

September 1, 2001.