reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 343.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter B. Public Nuisance Prohibited|Section 343.012. Criminal Penalty

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.|
TX Health & Safety Code § 343.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter B. Public Nuisance Prohibited|Section 343.013. Injunction

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 (H.B. 1287), Sec. 1, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 2, eff. June 15, 2007.Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 3, eff. June 15, 2007.|
TX Health & Safety Code § 343.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter C. County Authority Relating to Nuisance|Section 343.021. Authority to Abate Nuisance

Sec. 343.021.  AUTHORITY TO ABATE NUISANCE.  (a)  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, except as provided by Subsection (b);(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.(b)  In the case of a nuisance under Section 343.011(c)(13), the county may use any means of abatement reasonably necessary to bring the system into compliance with Chapter 366 only after the defendant fails to abate the nuisance as ordered by the court under Section 343.012(e).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2005, 79th Leg., Ch. 1050 (H.B. 1287), Sec. 2, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 3, eff. June 15, 2007.Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581), Sec. 4, eff. June 15, 2007.Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.006, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 438 (S.B. 634), Sec. 2, eff. September 1, 2013.|
TX Health & Safety Code § 343.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter C. County Authority Relating to Nuisance|Section 343.023. Assessment of Costs; Lien

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 (H.B. 3581), Sec. 6, eff. June 15, 2007.|
TX Health & Safety Code § 343.0235 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter C. County Authority Relating to Nuisance|Section 343.0235. Use of County Funds

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 (H.B. 1287), Sec. 4, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680), Sec. 5, eff. June 15, 2007.|
TX Health & Safety Code § 343.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter C. County Authority Relating to Nuisance|Section 343.024. Authority to Enter Premises

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.|
TX Health & Safety Code § 343.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle A - Sanitation|Chapter 343 - Abatement of Public Nuisances|Subchapter C. County Authority Relating to Nuisance|Section 343.025. Enforcement

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.|
TX Health & Safety Code § 361.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter A. General Provisions|Section 361.001. Short Title

Sec. 361.001.  SHORT TITLE.  This chapter may be cited as the Solid Waste Disposal Act.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 361.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter A. General Provisions|Section 361.002. Policy; Findings

Sec. 361.002.  POLICY;  FINDINGS.  (a)  It is this state's policy and the purpose of this chapter to safeguard the health, welfare, and physical property of the people and to protect the environment by controlling the management of solid waste, including accounting for hazardous waste that is generated.(b)  The storage, processing, and disposal of hazardous waste at municipal solid waste facilities pose a risk to public health and the environment, and in order to protect the environment and to provide measures for adequate protection of public health, it is in the public interest to require hazardous waste to be stored, processed, and disposed of only at permitted hazardous industrial solid waste facilities.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 1, eff. Sept. 6, 1990.|
TX Health & Safety Code § 361.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.011. Commission's Jurisdiction: Municipal Solid Waste

Sec. 361.011.  COMMISSION'S JURISDICTION:  MUNICIPAL SOLID WASTE.  (a)  The commission is responsible under this section for the management of municipal solid waste, excluding hazardous municipal waste, and shall coordinate municipal solid waste activities, excluding activities concerning hazardous municipal waste.(b)  The commission shall accomplish the purposes of this chapter by controlling all aspects of the management of municipal solid waste, excluding management of hazardous municipal waste, by all practical and economically feasible methods consistent with its powers and duties under this chapter and other law.(c)  The commission has the powers and duties specifically prescribed by this chapter relating to municipal solid waste management, excluding management of hazardous municipal waste, and all other powers necessary or convenient to carry out those responsibilities under this chapter.(d)  In matters relating to municipal solid waste management, excluding management of hazardous municipal waste, the commission shall consider water pollution control and water quality aspects and air pollution control and ambient air quality aspects.(e)  Repealed by Acts 1997, 75th Leg., ch. 1072, Sec. 60(b)(1), eff. Sept. 1, 1997.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.02, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.20, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1072, Sec. 28, 60(b)(1), eff. Sept. 1, 1997.|
TX Health & Safety Code § 361.0135 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.0135. Composting Refund

Sec. 361.0135.  COMPOSTING REFUND.  (a)  The operator of a public or privately owned municipal solid waste facility is entitled to a refund of 15 percent of the solid waste fees collected by the facility under Section 361.013(a) if:(1)  the refunds are used to lease or purchase and operate equipment necessary to compost yard waste;(2)  composting operations are actually performed;  and(3)  the finished compost material produced by the facility is returned to beneficial reuse.(b)  The amount of the refund authorized by this section increases to 20 percent of the solid waste fees collected by the facility if, in addition to composting the yard waste, the operator of the facility voluntarily bans the disposal of yard waste at the facility.(c)  In order to receive a refund authorized by this section, the operator of the facility must submit a composting plan to the commission.  The commission by rule may set a fee for reviewing a composting plan in an amount not to exceed the costs of review.(d)  The operator is entitled to a refund of fees collected by the facility under Section 361.013(a) on or after the date on which the commission approves the composting plan.  The refund is collectable beginning on the date that the first composting operations occur in accordance with the approved plan.  The commission may allow the refund to be applied as a credit against fees required to be collected by the facility under Section 361.013(a).(e)  In this section, the terms "compost," "composting," and "yard waste" have the meanings assigned by Section 361.421.(f)  This section expires September 1, 1999, if the commission on or before that date determines that a market in composting materials has developed sufficiently to ensure that composting activities will continue without the incentives provided by this section.|Added by Acts 1993, 73rd Leg., ch. 899, Sec. 1.09, eff. Aug. 30, 1993.|
TX Health & Safety Code § 361.0145 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.0145. Response to or Remediation of Fire or Emergency

Sec. 361.0145.  RESPONSE TO OR REMEDIATION OF FIRE OR EMERGENCY.  (a)  The commission may make an immediate response to or remediation of a fire or other emergency that involves solid waste, including processed or unprocessed material suitable for recycling or composting, as the commission determines necessary to protect the public health or safety.(b)  Notwithstanding Section 361.014(b), revenue otherwise dedicated under that section may be used for an action authorized by Subsection (a).(c)  The commission may recover from a person who is responsible for the solid waste as provided by Section 361.271 the reasonable expenses incurred by the commission during an immediate response and remediation action under Subsection (a).  The state may bring an action to recover those reasonable expenses.(d)  If the commission used for an action under Subsection (a) money otherwise dedicated under Section 361.014(b), money recovered under Subsection (c) shall be deposited in the state treasury to the credit of the commission until the amount deposited equals the amount of the dedicated money used.  Money credited under this subsection may be used only as provided by Section 361.014(b).|Added by Acts 2007, 80th Leg., R.S., Ch. 1362 (H.B. 2541), Sec. 1, eff. September 1, 2007.|
TX Health & Safety Code § 361.015 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.015. Jurisdiction: Radioactive Waste

Sec. 361.015.  JURISDICTION:  RADIOACTIVE WASTE.  (a)  The commission is the state agency under Chapter 401 that licenses and regulates radioactive waste storage, processing, and disposal activities not preemptively regulated by the federal government.(b)  Except as provided by Subsection (a), the Health and Human Services Commission, acting through the Department of State Health Services or other department as designated by the executive commissioner of the Health and Human Services Commission, is the state agency under Chapter 401 that regulates radioactive waste activities not preemptively regulated by the federal government.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.22, eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1332 (S.B. 1604), Sec. 31, eff. June 15, 2007.|
TX Health & Safety Code § 361.0151 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.0151. Recycling

Sec. 361.0151.  RECYCLING.  (a)  The commission shall establish and administer a waste minimization and recycling office within the commission that provides technical assistance to local governments concerning waste minimization and recycling.(b)  The commission shall work in conjunction with the Texas Department of Commerce  to pursue the development of markets for recycled materials, including composting products.|Added by Acts 1990, 71st Leg., 6th C.S., ch. 10, art. 2, Sec. 4, eff. Sept. 6, 1990.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.22, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.016 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.016. Memorandum of Understanding by Commission

Sec. 361.016.  MEMORANDUM OF UNDERSTANDING BY COMMISSION.  The commission by rule shall adopt:(1)  any memorandum of understanding between the commission and any other state agency;  and(2)  any revision of a memorandum of understanding.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.22, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.017 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.017. Commission's Jurisdiction: Industrial Solid Waste and Hazardous Municipal Waste

Sec. 361.017.  COMMISSION'S JURISDICTION:  INDUSTRIAL SOLID WASTE AND HAZARDOUS MUNICIPAL WASTE.  (a)  The commission is responsible for the management of industrial solid waste and hazardous municipal waste and shall coordinate industrial solid waste activities and hazardous municipal waste activities.(b)  The commission shall accomplish the purposes of this chapter by controlling all aspects of the management of industrial solid waste and hazardous municipal waste by all practical and economically feasible methods consistent with its powers and duties under this chapter and other law.(c)  The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities under this chapter.(d)  In matters relating to industrial solid waste and hazardous municipal waste, the commission shall:(1)  consider the public health aspects and the air pollution control and ambient air quality aspects;  and(2)  consult with the attorney general's office for assistance in determining whether referral to the attorney general for enforcement is mandatory under Section 361.224 or whether referral is appropriate, in the commission's discretion, for the disposition of enforcement matters under this chapter.(e)  If referral is determined to be mandatory or appropriate, the commission shall consult with the attorney general's office for assistance in determining whether criminal or civil enforcement action should be taken.  The commission shall use all available enforcement options.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 8.03, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 11.23, eff. Sept. 1, 1995.|
TX Health & Safety Code § 361.018 (2021)
2021 Texas Statutes|Health and Safety Code|Title 5 - Sanitation and Environmental Quality|Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water|Chapter 361 - Solid Waste Disposal Act|Subchapter B. Powers and Duties of Commission|Section 361.018. Commission's Jurisdiction Over Hazardous Waste Components of Radioactive Waste

Sec. 361.018.  COMMISSION'S JURISDICTION OVER HAZARDOUS WASTE COMPONENTS OF RADIOACTIVE WASTE.  (a)  The commission has the powers under this chapter necessary or convenient to carry out its responsibilities concerning the regulation of the management of hazardous waste components of radioactive waste under the jurisdiction of the Department of State Health Services.(b)  The commission shall consult with the Department of State Health Services concerning regulation and management under this section, except for activities solely under the commission's jurisdiction.(c)  The commission may not adopt rules or engage in management activities under this section that conflict with state or federal laws and rules concerning the regulation of radioactive waste.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.24, eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0889, eff. April 2, 2015.|