CHAPTER 343. ABATEMENT OF PUBLIC NUISANCES

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-5-sanitation-and-environmental-quality > Chapter-343-abatement-of-public-nuisances

HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE A. SANITATION

CHAPTER 343. ABATEMENT OF PUBLIC NUISANCES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 343.002. DEFINITIONS. In this chapter:

(1) "Abate" means to eliminate or remedy:

(A) by removal, repair, rehabilitation, or demolition;

(B) in the case of a nuisance under Section 343.011(c)(1), (9),

or (10), by prohibition or control of access; and

removal, remediation, storage, transportation, disposal, or other

means of waste management authorized by Chapter 361.

(2) "Building" means a structure built for the support, shelter,

or enclosure of a person, animal, chattel, machine, equipment, or

other moveable property.

(3) "Garbage" means decayable waste from a public or private

establishment or restaurant. The term includes vegetable, animal,

and fish offal and animal and fish carcasses, but does not

include sewage, body waste, or an industrial by-product.

(4) "Neighborhood" means:

(A) a platted subdivision; or

(B) property contiguous to and within 300 feet of a platted

subdivision.

(5) "Platted subdivision" means a subdivision that has its

approved or unapproved plat recorded with the county clerk of the

county in which the subdivision is located.

(6) "Premises" means all privately owned property, including

vacant land or a building designed or used for residential,

commercial, business, industrial, or religious purposes. The term

includes a yard, ground, walk, driveway, fence, porch, steps, or

other structure appurtenant to the property.

(7) "Public street" means the entire width between property

lines of a road, street, way, thoroughfare, or bridge if any part

of the road, street, way, thoroughfare, or bridge is open to the

public for vehicular or pedestrian traffic.

(8) "Receptacle" means a container that is composed of durable

material and designed to prevent the discharge of its contents

and to make its contents inaccessible to animals, vermin, or

other pests.

(9) "Refuse" means garbage, rubbish, paper, and other decayable

and nondecayable waste, including vegetable matter and animal and

fish carcasses.

(10) "Rubbish" means nondecayable waste from a public or private

establishment or residence.

(11) "Weeds" means all rank and uncultivated vegetable growth or

matter that:

(A) has grown to more than 36 inches in height; or

(B) may create an unsanitary condition or become a harborage for

rodents, vermin, or other disease-carrying pests, regardless of

the height of the weeds.

(12) "Flea market" means an outdoor or indoor market, conducted

on non-residential premises, for selling secondhand articles or

antiques, unless conducted by a religious, educational,

fraternal, or charitable organization.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 499, Sec. 2, eff. Sept. 1,

1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1366, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.004, eff. September 1, 2009.

Sec. 343.003. EFFECT OF CHAPTER ON OTHER STATE LAW. This

chapter does not affect a right, remedy, or penalty under other

state law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. PUBLIC NUISANCE PROHIBITED

Sec. 343.011. PUBLIC NUISANCE. (a) This section applies only

to the unincorporated area of a county.

(b) A person may not cause, permit, or allow a public nuisance

under this section.

(1) keeping, storing, or accumulating refuse on premises in a

neighborhood unless the refuse is entirely contained in a closed

receptacle;

(2) keeping, storing, or accumulating rubbish, including

newspapers, abandoned vehicles, refrigerators, stoves, furniture,

tires, and cans, on premises in a neighborhood or 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;

(3) maintaining premises in a manner that creates an unsanitary

condition likely to attract or harbor mosquitoes, rodents,

vermin, or disease-carrying pests;

(4) allowing weeds to grow on premises in a neighborhood if the

weeds are located within 300 feet of another residence or

commercial establishment;

(5) maintaining a building in a manner that is structurally

unsafe or constitutes a hazard to safety, health, or public

welfare because of inadequate maintenance, unsanitary conditions,

dilapidation, obsolescence, disaster, damage, or abandonment or

because it constitutes a fire hazard;

(6) maintaining on abandoned and unoccupied property in a

neighborhood a swimming pool that is not protected with:

(A) a fence that is at least four feet high and that has a

latched and locked gate; and

(B) a cover over the entire swimming pool that cannot be removed

by a child;

(7) maintaining on any property in a neighborhood in a county

with a population of more than 1.1 million a swimming pool that

is not protected with:

(A) a fence that is at least four feet high and that has a

latched gate that cannot be opened by a child; or

(B) a cover over the entire swimming pool that cannot be removed

by a child;

(8) maintaining a flea market in a manner that constitutes a

fire hazard;

(9) discarding refuse or creating a hazardous visual obstruction

on:

(A) county-owned land; or

(B) land or easements owned or held by a special district that

has the commissioners court of the county as its governing body;

(10) discarding refuse on the smaller of:

(A) the area that spans 20 feet on each side of a utility line;

(B) the actual span of the utility easement;

(11) filling or blocking a drainage easement, failing to

maintain a drainage easement, maintaining a drainage easement in

a manner that allows the easement to be clogged with debris,

sediment, or vegetation, or violating an agreement with the

county to improve or maintain a drainage easement; or

(12) discarding refuse on property that is not authorized for

that activity.

(d) This section does not apply to:

(1) a site or facility that is:

(A) permitted and regulated by a state agency for the activity

described by Subsection (c); or

(B) licensed or permitted under Chapter 361 for the activity

described by Subsection (c); or

(2) agricultural land.

(e) In Subsection (d), "agricultural land" means land that

qualifies for tax appraisal under Subchapter C or D, Chapter 23,

Tax Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 499, Sec. 3, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 771, Sec. 2, eff. Aug. 28, 1995;

Acts 1999, 76th Leg., ch. 752, Sec. 1, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 523, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

355, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1094, Sec. 12, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

388, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1366, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.005, eff. September 1, 2009.

Sec. 343.0111. SPECIAL EXCEPTION OR VARIANCE TO PUBLIC NUISANCE

CLASSIFICATION. (a) The commissioners court of a county by

order may:

(1) describe the circumstances in which a special exception to

the application of Section 343.011 is available to a person and

may grant the special exception in a specific case if the

commissioners court finds that the specific case fits within the

special exception, that the grant of the exception promotes

justice, that the grant of the exception is not contrary to the

public interest, and that the grant of the exception is

consistent with the general purpose of Section 343.011; and

(2) authorize in a specific case not covered by a special

exception a variance from the terms of Section 343.011 if the

commissioners court makes the same findings in connection with

the specific case that it makes in connection with a special

exception under Subdivision (1) and finds that due to special

conditions a literal enforcement of Section 343.011 would result

in an unnecessary hardship.

(b) The commissioners court shall keep a record of its

proceedings under this section and must include in the record a

showing of the reasons for each decision made under this section.

Added by Acts 1995, 74th Leg., ch. 771, Sec. 3, eff. Aug. 28,

1995. Amended by Acts 1999, 76th Leg., ch. 752, Sec. 2, eff.

Sept. 1, 1999.

Sec. 343.012. CRIMINAL PENALTY. (a) A person commits an

offense if:

(1) the person violates Section 343.011(b); and

(2) the nuisance remains unabated after the 30th day after the

date on which the person receives notice from a county official,

agent, or employee to abate the nuisance.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 or more than $200.

defendant has been previously convicted of an offense under this

section, the defendant is punishable by a fine of not less than

$200 or more than $1,000, confinement in jail for not more than

six months, or both.

(d) Each day a violation occurs is a separate offense.

(e) The court shall order abatement of the nuisance if the

defendant is convicted of an offense under this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 499, Sec. 4, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 771, Sec. 4, eff. Aug. 28, 1995;

Acts 1999, 76th Leg., ch. 752, Sec. 3, eff. Sept. 1, 1999.

Sec. 343.013. INJUNCTION. (a) A county or district court may

by injunction prevent, restrain, abate, or otherwise remedy a

violation of this chapter in the unincorporated area of the

county.

(b) A county or a person affected or to be affected by a

violation under this chapter, including a property owner,

resident of a neighborhood, or organization of property owners or

residents of a neighborhood, may bring suit under Subsection (a).

If the court grants the injunction, the court may award the

plaintiff reasonable attorney's fees and court costs.

control access to the premises to prevent a continued or future

violation of Section 343.011(c)(1), (6), (9), or (10). The court

may grant relief under this subsection only if the county

demonstrates that:

(1) the person responsible for causing the public nuisance has

not responded sufficiently to previous attempts to abate a

nuisance on the premises, if the relief sought prohibits or

controls access of a person other than the owner; or

(2) the owner of the premises knew about the nuisance and has

not responded sufficiently to previous attempts to abate a

nuisance on the premises, if the relief sought controls access of

the owner.

(d) In granting relief under Subsection (c), the court:

(1) may not, in a suit brought under Section 343.011(c)(10),

prohibit or control access by the owner or operator of a utility

line or utility easement to that utility line or utility

easement; and

(2) may not prohibit the owner of the premises from accessing

the property but may prohibit a continued or future violation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

1050, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

388, Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1366, Sec. 3, eff. June 15, 2007.

SUBCHAPTER C. COUNTY AUTHORITY RELATING TO NUISANCE

Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If a county adopts

abatement procedures that are consistent with the general purpose

of this chapter and that conform to this chapter, the county may

abate a nuisance under this chapter:

(1) by demolition or removal;

(2) in the case of a nuisance under Section 343.011(c)(1), (9),

or (10), by prohibiting or controlling access to the premises;

(3) in the case of a nuisance under Section 343.011(c)(6), by:

(A) prohibiting or controlling access to the premises and

installing a cover that cannot be opened by a child over the

entire swimming pool; or

(B) draining and filling the swimming pool; or

(4) in the case of a nuisance under Section 343.011(c)(12), by

removal, remediation, storage, transportation, disposal, or other

means of waste management authorized under Chapter 361.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

1050, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

388, Sec. 3, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1366, Sec. 4, eff. June 15, 2007.

Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.006, eff. September 1, 2009.

Sec. 343.022. ABATEMENT PROCEDURES. (a) The abatement

procedures adopted by the commissioners court must be

administered by a regularly salaried, full-time county employee.

A person authorized by the person administering the abatement

program may administer:

(1) the prohibition or control of access to the premises to

prevent a violation of Section 343.011(c)(1), (6), (9), or (10);

(2) the removal or demolition of the nuisance; and

(3) the abatement of a nuisance described by Section

343.011(c)(12).

(b) The abatement procedures must require that written notice be

given to:

(1) the owner, lessee, occupant, agent, or person in charge of

the premises; and

(2) the person responsible for causing a public nuisance on the

premises when:

(A) that person is not the owner, lessee, occupant, agent, or

person in charge of the premises; and

(B) the person responsible can be identified.

(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 to the person responsible for causing

the nuisance when that person can be identified; and

the person responsible for causing the nuisance has an interest

in the property;

(4) 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

(5) that the person receiving notice is entitled 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.

(d) The notice must be given:

(1) by service in person or by registered or certified mail,

return receipt requested; or

(2) if personal service cannot be obtained or the address of the

person to be notified is unknown, by posting a copy of the notice

on the premises on which the nuisance exists and by publishing

the notice in a newspaper with general circulation in the county

two times within 10 consecutive days.

(e) Except as provided in Subsection (f), the abatement

procedures must require a hearing before the county abates the

nuisance if a hearing is requested. The hearing may be conducted

before the commissioners court or any board, commission, or

official designated by the commissioners court. The

commissioners court may designate a board, commission, or

official to conduct each hearing.

(f) A county may, before conducting a hearing, abate a nuisance

under Section 343.011(c)(6) by prohibiting or controlling access

to the premises on which the nuisance is located and installing a

cover that cannot be opened by a child over the entire swimming

pool, but only if the county conducts a hearing otherwise in

accordance with Subsection (e) after the nuisance is abated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 123, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 771, Sec. 5, eff. Aug. 28, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1050, Sec. 3, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

388, Sec. 4, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1366, Sec. 5, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 12.007, eff. September 1, 2009.

Sec. 343.023. ASSESSMENT OF COSTS; LIEN. (a) A county may:

(1) assess:

(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

receiving notice under Section 343.022; or

(2) by resolution or order, assess:

(A) the cost of abating the nuisance;

(B) the cost of legal notification by publication; and

property on which the nuisance exists.

(b) The county may not make an assessment against property

unless the owner or owner's agent receives notice of the nuisance

in accordance with Section 343.022.

assessment, the commissioners court of the county must file a

notice that contains a statement of costs, a legal description of

the property sufficient to identify the property, and the name of

the property owner, if known, with the county clerk of the county

in which the property is located.

(d) The county's lien to secure an assessment attaches when the

notice of lien is filed and is inferior to a previously recorded

bona fide mortgage lien attached to the real property to which

the county's lien attaches, if the mortgage was filed for record

in the office of the county clerk of the county in which the real

property is located before the date on which the county files the

notice of lien with the county clerk.

(e) The county is entitled to accrued interest beginning on the

31st day after the date of the assessment against the property at

the rate of 10 percent a year.

(f) The statement of costs or a certified copy of the statement

of costs is prima facie proof of the costs incurred to abate the

nuisance.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 499, Sec. 5, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 771, Sec. 6, eff. Aug. 28, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1366, Sec. 6, eff. June 15, 2007.

Sec. 343.0235. USE OF COUNTY FUNDS. A county is entitled to use

any money available under other law for a cleanup or remediation

of private property to abate a nuisance described by Section

343.011(c)(1), (9), or (10).

Added by Acts 2005, 79th Leg., Ch.

1050, Sec. 4, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

388, Sec. 5, eff. June 15, 2007.

Sec. 343.024. AUTHORITY TO ENTER PREMISES. (a) A county

official, agent, or employee charged with the enforcement of

health, environmental, safety, or fire laws may enter any

premises in the unincorporated area of the county at a reasonable

time to inspect, investigate, or abate a nuisance or to enforce

this chapter.

(b) Before entering the premises, the official, agent, or

employee must exhibit proper identification to the occupant,

manager, or other appropriate person.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 499, Sec. 6, eff. Sept. 1,

1991.

Sec. 343.025. ENFORCEMENT. A court of competent jurisdiction in

the county may issue any order necessary to enforce this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

State Codes and Statutes

State Codes and Statutes

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