reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter D. Sanitation and Safety of Facilities Used by Public › Section 341.069. Access to Restroom Facilities

Sec. 341.069.  ACCESS TO RESTROOM FACILITIES.  (a)  In this section:
(1)  "Customer" means an individual who is lawfully on the premises of a retail establishment.
(2)  "Eligible medical condition" means Crohn's disease, ulcerative colitis, irritable bowel syndrome, or any other permanent or temporary medical condition that requires immediate access to a toilet facility.
(3)  "Physician" has the meaning assigned by Section 151.002, Occupations Code.
(4)  "Retail establishment" means a place of business open to the general public for the sale of goods or services.
(b)  A retail establishment that has a toilet facility for its employees shall allow a customer to use the toilet facility during normal business hours if:
(1)  the retail establishment does not have a public restroom that is immediately accessible to the customer;
(2)  the employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the retail establishment;
(3)  the customer requesting use of the employee toilet facility provides the retail establishment with evidence of the customer's eligible medical condition including:
(A)  a copy of a statement signed by a physician, a registered nurse, a physician's assistant, or a person acting under the delegation and supervision of a licensed physician in conformance with Subchapter A, Chapter 157, Occupations Code, that indicates the customer suffers from an eligible medical condition or uses an ostomy device; or
(B)  an identification card that is issued by a nationally recognized health organization or a local health department and that indicates the customer suffers from an eligible medical condition or uses an ostomy device; and
(4)  three or more employees of the retail establishment are working and physically present on the premises of the retail establishment at the time the customer requests to use the  employee toilet facility.
(c)  A customer who uses a toilet facility as authorized by this section shall leave the toilet facility in the same condition as it was before the customer used the toilet facility.
(d)  In providing access to an employee toilet facility under this section, the retail establishment or employee does not owe the customer to whom access is provided a greater degree of care than is owed to a licensee on the premises.
(e)  An employee of a retail establishment who refuses to provide a customer with access to an employee toilet facility as required by this section commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not more than $100.
(f)  A retail establishment is not required to make any physical changes to an employee toilet facility under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 613 (H.B. 416), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter E. Authority of Home-Rule Municipalities › Section 341.081. Authority of Home-Rule Municipalities Not Affected

Sec. 341.081.  AUTHORITY OF HOME-RULE MUNICIPALITIES NOT AFFECTED.  This chapter prescribes the minimum requirements of sanitation and health protection in this state and does not affect a home-rule municipality's authority to enact:
(1)  more stringent ordinances in matters relating to this chapter; or
(2)  an ordinance under:
(A)  Section 5, Article XI, Texas Constitution; or
(B)  Section 51.072 or 590.0001, Local Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 18.002(b), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter E. Authority of Home-Rule Municipalities › Section 341.082. Appointment of Environmental Health Officer in Certain Home-Rule Municipalities

Sec. 341.082.  APPOINTMENT OF ENVIRONMENTAL HEALTH OFFICER IN CERTAIN HOME-RULE MUNICIPALITIES.  (a)  In a home-rule municipality, an environmental health officer may be appointed to enforce this chapter.
(b)  The environmental health officer must be a registered professional engineer.  The officer must file a copy of the officer's oath and appointment with the department.
(c)  The environmental health officer shall assist the department in enforcing this chapter and is subject to:
(1)  the authority of the department; and
(2)  removal from office in the same manner as a municipal health authority.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 76, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 742, Sec. 1, eff. June 17, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0867, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 341 - Minimum Standards of Sanitation and Health Protection Measures › Subchapter F. Penalties › Section 341.091. Criminal Penalty

Sec. 341.091.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter or a rule adopted under this chapter.  A person commits an offense if the person violates a permitting or inspection requirement imposed under Section 341.064(n) or a closure order issued under Section 341.064(o).  An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200.
(b)  If it is shown on the trial of the defendant that the defendant has been convicted of an offense under this chapter within a year before the date on which the offense being tried occurred, the defendant shall be punished by a fine of not less than $10 or more than $1,000, confinement in jail for not more than 30 days, or both.
(c)  Each day of a continuing violation is a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 618, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.001. Municipal Power Concerning Stagnant Water and Other Unsanitary Conditions

Sec. 342.001.  MUNICIPAL POWER CONCERNING STAGNANT WATER AND OTHER UNSANITARY CONDITIONS.  (a)  The governing body of a municipality may require the filling, draining, and regulating of any place in the municipality that is unwholesome, contains stagnant water, or is in any other condition that may produce disease.
(b)  The governing body of a municipality may require the inspection of all premises.
(c)  The governing body of a municipality may impose fines on the owner of premises on which stagnant water is found.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.002. Municipal Power Concerning Sewers and Privies

Sec. 342.002.  MUNICIPAL POWER CONCERNING SEWERS AND PRIVIES.  The governing body of a municipality may:
(1)  regulate the making, filling, altering, or repairing of sewers and privies;
(2)  direct the mode and material for constructing sewers and privies;  and
(3)  regulate the cleaning and disinfecting of sewers and privies.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.003. Municipal Power Concerning Filth, Carrion, and Other Unwholesome Matter

Sec. 342.003.  MUNICIPAL POWER CONCERNING FILTH, CARRION, AND OTHER UNWHOLESOME MATTER.  The governing body of a municipality may regulate the cleaning of a building, establishment, or ground from filth, carrion, or other impure or unwholesome matter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.004. Municipal Power Concerning Weeds or Certain Public Nuisances

Sec. 342.004.  MUNICIPAL POWER CONCERNING WEEDS OR CERTAIN PUBLIC NUISANCES.  The governing body of a municipality may require the owner of real property in the municipality to keep the property free from weeds, brush, and a condition constituting a public nuisance as defined by Section 343.011(c)(1), (2), or (3).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 580 (S.B. 837), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.005. Violation of Ordinance

Sec. 342.005.  VIOLATION OF ORDINANCE.  The governing body of a municipality may punish an owner or occupant of property in the municipality who violates an ordinance adopted under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.006. Work or Improvements by Municipality; Notice

Sec. 342.006.  WORK OR IMPROVEMENTS BY MUNICIPALITY;  NOTICE.  (a)  If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this chapter within seven days of notice of a violation, the municipality may:
(1)  do the work or make the improvements required;  and
(2)  pay for the work done or improvements made and charge the expenses to the owner of the property.
(b)  The notice must be given:
(1)  personally to the owner in writing;
(2)  by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located;  or
(3)  if personal service cannot be obtained:
(A)  by publication at least once;
(B)  by posting the notice on or near the front door of each building on the property to which the violation relates;  or
(C)  by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(c)  If a municipality mails a notice to a property owner in accordance with Subsection (b), and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.
(d)  In a notice provided under this section, a municipality may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality without further notice may correct the violation at the owner's expense and assess the expense against the property.  If a violation covered by a notice under this subsection occurs within the one-year period, and the municipality has not been informed in writing by the owner of an ownership change, then the municipality without notice may take any action permitted by Subsections (a)(1) and (2) and assess its expenses as provided by Section 342.007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 252, Sec. 1, eff. June 5, 1991;  Acts 1993, 73rd Leg., ch. 921, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 209, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 413, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.007. Assessment of Expenses; Lien

Sec. 342.007.  ASSESSMENT OF EXPENSES;  LIEN.  (a)  The governing body of a municipality may assess expenses incurred under Section 342.006 against the real estate on which the work is done or improvements made.
(b)  To obtain a lien against the property, the mayor, municipal health authority, or municipal official designated by the mayor must file a statement of expenses with the county clerk of the county in which the municipality is located.  The lien statement must state the name of the owner, if known, and the legal description of the property.  A signature on a lien statement may be a facsimile signature as defined by Section 618.002, Government Code. The lien attaches upon the filing of the lien statement with the county clerk.
(c)  The lien obtained by the municipality's governing body is security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of payment by the municipality.
(d)  The lien is inferior only to:
(1)  tax liens;  and
(2)  liens for street improvements.
(e)  The governing body of the municipality may bring a suit for foreclosure in the name of the municipality to recover the expenditures and interest due.
(f)  The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the municipality in doing the work or making the improvements.
(g)  The remedy provided by this section is in addition to the remedy provided by Section 342.005.
(h)  The governing body of a municipality may foreclose a lien on property under this subchapter in a proceeding relating to the property brought under Subchapter E, Chapter 33, Tax Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 921, Sec. 2, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 1017, Sec. 4, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1226 (S.B. 577), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter A. Municipal Regulation of Sanitation › Section 342.008. Additional Authority to Abate Dangerous Weeds

Sec. 342.008.  ADDITIONAL AUTHORITY TO ABATE DANGEROUS WEEDS.  (a)  A municipality may abate, without notice, weeds that:
(1)  have grown higher than 48 inches;  and
(2)  are an immediate danger to the health, life, or safety of any person.
(b)  Not later than the 10th day after the date the municipality abates weeds under this section, the municipality shall give notice to the property owner in the manner required by Section 342.006.
(c)  The notice shall contain:
(1)  an identification, which is not required to be a legal description, of the property;
(2)  a description of the violations of the ordinance that occurred on the property;
(3)  a statement that the municipality abated the weeds;  and
(4)  an explanation of the property owner's right to request an administrative hearing about the municipality's abatement of the weeds.
(d)  The municipality shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the municipality a written request for a hearing.
(e)  An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed.  The owner may testify or present any witnesses or written information relating to the municipality's abatement of the weeds.
(f)  A municipality may assess expenses and create liens under this section as it assesses expenses and creates liens under Section 342.007.  A lien created under this section is subject to the same conditions as a lien created under Section 342.007.
(g)  The authority granted a municipality by this section is in addition to the authority granted by Section 342.006.
Added by Acts 1995, 74th Leg., ch. 359, Sec. 3, eff. Aug. 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter B. Regulation of Sanitation by Certain Types of Municipalities › Section 342.021. Power of Type a General-Law Municipality Concerning Carcasses or Other Unwholesome Matter

Sec. 342.021.  POWER OF TYPE A GENERAL-LAW MUNICIPALITY CONCERNING CARCASSES OR OTHER UNWHOLESOME MATTER.  (a)  The governing body of a Type A general-law municipality may:
(1)  prevent a person from bringing, depositing, or having in the municipal limits a carcass or other offensive or unwholesome substance or matter;  and
(2)  require a person to remove or destroy any offensive or unwholesome substance or matter, filth, putrid or unsound beef, pork, or fish, or hides or skins of any kind that the person is responsible for placing in the municipality.
(b)  If the person does not comply with a provision adopted under Subsection (a), the municipality's governing body may:
(1)  authorize a municipal officer to remove or destroy the offending material;  or
(2)  require the owner of a dead animal to remove the dead animal to a place designated by the municipality's governing body.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 342 - Local Regulation of Sanitation › Subchapter B. Regulation of Sanitation by Certain Types of Municipalities › Section 342.022. Joint Sanitary Regulations of Type a General-Law Municipality and County

Sec. 342.022.  JOINT SANITARY REGULATIONS OF TYPE A GENERAL-LAW MUNICIPALITY AND COUNTY.  The governing body of a Type A general-law municipality may cooperate with the commissioner's court of the county in which the municipality is located in making improvements considered necessary by those entities to:
(1)  improve the public health and promote efficient sanitary regulations;  and
(2)  arrange for the construction of and payment for those improvements.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 343 - Abatement of Public Nuisances › Subchapter A. General Provisions › Section 343.003. Effect of Chapter on Other State Law

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.
2023 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 343.0111. Special Exception or Variance to Public Nuisance Classification

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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.001. Election on Establishment and Tax Levy

Sec. 344.001.  ELECTION ON ESTABLISHMENT AND TAX LEVY.  The county judge on being petitioned by at least 200 qualified voters of the county may order an election to determine if the qualified voters of the county desire the:
(1)  establishment of a mosquito control district in all or a portion of the county for the purpose of eradicating mosquitoes in the area;  and
(2)  levy of a tax not to exceed 25 cents on each $100 of the taxable value of property taxable by the district to finance the program provided by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.002. Ballot Propositions

Sec. 344.002.  BALLOT PROPOSITIONS.  The ballot for an election under this chapter shall be printed to provide for voting for or against the propositions:
(1)  "The establishment of a mosquito control district in ____________ County.";  and
(2)  "The levy of a tax of ______ cents on each $100 of the taxable value of property taxable by the district to finance the mosquito control district within ____________ County."
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.003. Levy and Collection of Tax

Sec. 344.003.  LEVY AND COLLECTION OF TAX.  (a)  If the election results are in favor of the establishment of a mosquito control district and the levy of a tax, the commissioners court may levy a tax not to exceed the amount fixed by the election.
(b)  The commissioners court may lower the tax to any designated sum it may determine if the anticipated revenue exceeds the revenue needed to carry out this chapter.
(c)  The taxes levied under this section shall be:
(1)  collected by the county tax assessor-collector;
(2)  deposited in a separate fund;  and
(3)  used only to carry out this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.004. Advisory Commission

Sec. 344.004.  ADVISORY COMMISSION.  (a)  The commissioners court in each county in which a mosquito control district is established shall appoint an advisory commission composed of five members who are qualified property taxpaying voters of the county.  The commissioners of the commissioners court and the county judge shall each appoint one member of the advisory commission.
(b)  Members of the advisory commission serve without compensation.
(c)  The advisory commission shall make recommendations to the commissioners court that it considers necessary to carry out this chapter and shall perform any other duties as the commissioners court may determine.
(d)  Each advisory commission member must take an oath of office prescribed by the commissioners court.  The commissioners court may remove any member of the advisory commission at any time it considers necessary.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.005. Mosquito Control Engineer

Sec. 344.005.  MOSQUITO CONTROL ENGINEER.  (a)  The commissioners court in each county that has established a mosquito control district may appoint a mosquito control engineer who must be well qualified in the field of mosquito control.  The mosquito control engineer serves at a salary determined by the commissioners court.
(b)  The commissioners court shall supervise the powers and duties of the engineer.
(c)  The engineer shall make recommendations to the commissioners court relating to the number of assistants and employees that may be needed, and the commissioners court shall appoint the assistants and employees it considers necessary for mosquito eradication in the district.
(d)  The engineer shall make semiannual reports to the commissioners court or as many reports as are requested by the court concerning the work of mosquito eradication and of the expenses needed for the ensuing year.
(e)  The first report shall be made not later than June 30 following the establishment of the mosquito control district, and the second report shall be made not later than December 31 following the first report.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.006. Merger of Districts

Sec. 344.006.  MERGER OF DISTRICTS.  (a)  The commissioners courts of two or more counties operating under this chapter may enter into an agreement to merge their separate districts into a single mosquito control district composed of those counties.
(b)  The commissioners courts shall enter into an agreement that complies with this chapter, except that the advisory commission and mosquito control engineer may be appointed for the entire district rather than for each county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle A - Sanitation › Chapter 344 - Mosquito Control Districts › Section 344.007. Election on Dissolution of District

Sec. 344.007.  ELECTION ON DISSOLUTION OF DISTRICT.  Each commissioners court that has established a mosquito control district under this chapter shall order an election to dissolve the mosquito control district on a petition of not less than 10 percent of the qualified voters of the county, as determined by the number of votes cast for all candidates for governor in the most recent gubernatorial general election.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
(c)  Notwithstanding any other law, the commission or a political subdivision of this state that establishes goals or requirements for recycling or the use of recycled material must base those goals or requirements on the definitions and principles established by Subchapter N.  This subsection does not apply to a program described by Subchapter Y or Z.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 237 (H.B. 3060), Sec. 2, eff. May 27, 2023.
2023 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.