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
(C) 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 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.
(c) A public nuisance is:
(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;
or
(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.
(c) If it is shown on the trial of the defendant that the
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.
(c) A county may bring suit under this section to prohibit or
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.
(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 to the person responsible for causing
the nuisance when that person can be identified; and
(C) a lien against the property on which the nuisance exists, if
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
(C) an administrative fee of not more than $100 on the person
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
(C) an administrative fee of not more than $100 against the
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.
(c) To obtain a lien against the property to secure an
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.