Bill Text: TX HB2438 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the authority of a county to assess costs and fees relating to the abatement of a nuisance on real property against certain persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-03 - Committee report sent to Calendars [HB2438 Detail]
Download: Texas-2013-HB2438-Comm_Sub.html
83R24239 NC-F | |||
By: Farias | H.B. No. 2438 | ||
Substitute the following for H.B. No. 2438: | |||
By: M. Gonzalez of El Paso | C.S.H.B. No. 2438 |
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relating to the authority of a county to assess costs and fees | ||
relating to the abatement of a nuisance on real property against | ||
certain persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 343.022(b) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(b) The abatement procedures must require that written | ||
notice be given to: | ||
(1) the owner [ |
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(2) the person responsible for causing a public | ||
nuisance on the premises when: | ||
(A) that person is not the owner[ |
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the owner; and | ||
(B) the person responsible can be identified. | ||
(c) The notice must state: | ||
(1) the specific condition that constitutes a | ||
nuisance; | ||
(2) that the person receiving notice shall abate the | ||
nuisance before the: | ||
(A) 31st day after the date on which the notice is | ||
served, if the person has not previously received a notice | ||
regarding a nuisance on the premises; or | ||
(B) 10th business day after the date on which the | ||
notice is served, if the person has previously received a notice | ||
regarding a nuisance on the premises; | ||
(3) that failure to abate the nuisance may result in: | ||
(A) abatement by the county; | ||
(B) assessment of costs against [ |
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receiving the notice [ |
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(C) a lien against the property on which the | ||
nuisance exists[ |
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(4) that if the county seeks to recover abatement | ||
costs, including legal notification and administrative fees, the | ||
county will make an effort to recover costs from the person | ||
responsible for causing the nuisance, if that person can be | ||
identified, before assessing costs against the owner of the | ||
premises; | ||
(5) that the county may prohibit or control access to | ||
the premises to prevent a continued or future nuisance described by | ||
Section 343.011(c)(1), (6), (9), or (10); and | ||
(6) [ |
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to submit a written request for a hearing before the: | ||
(A) 31st day after the date on which the notice is | ||
served, if the person has not previously received a notice | ||
regarding a nuisance on the premises; or | ||
(B) 10th business day after the date on which the | ||
notice is served, if the person has previously received a notice | ||
regarding a nuisance on the premises. | ||
SECTION 2. Section 343.023, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsections (g) and | ||
(h) to read as follows: | ||
(a) Except as provided by Subsection (g), a [ |
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(1) assess against a person receiving notice under | ||
Section 343.022: | ||
(A) the cost of abating the nuisance, including | ||
management, remediation, storage, transportation, and disposal | ||
costs, and damages and other expenses incurred by the county; | ||
(B) the cost of legal notification by | ||
publication; and | ||
(C) an administrative fee of not more than $100 | ||
[ |
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(2) by resolution or order, assess against the | ||
property on which the nuisance exists: | ||
(A) the cost of abating the nuisance; | ||
(B) the cost of legal notification by | ||
publication; and | ||
(C) an administrative fee of not more than $100 | ||
[ |
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(g) Before assessing costs and fees against an owner of the | ||
premises under this section, a county must attempt to recover the | ||
costs from the person responsible for causing the nuisance if that | ||
person can be identified. | ||
(h) The county may file a civil action in district court to | ||
recover the costs and fees assessed against a person under this | ||
section and interest on the unpaid costs and fees. The court may | ||
award court costs and reasonable attorney's fees to the prevailing | ||
party. | ||
SECTION 3. (a) Sections 343.022(b) and (c), Health and | ||
Safety Code, as amended by this Act, apply only to a notice given on | ||
or after the effective date of this Act. A notice given before the | ||
effective date of this Act is governed by the law as it existed | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. | ||
(b) Section 343.023, Health and Safety Code, as amended by | ||
this Act, applies only to an assessment of costs for which notice | ||
was given on or after the effective date of this Act. An assessment | ||
of costs for which notice was given before the effective date of | ||
this Act is governed by the law as it existed immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |