Tex.
Health & Safety Code Section 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 (Public Nuisance)(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 (Public Nuisance)(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 (Public Nuisance)(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 (Public Nuisance)(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.
Source:
Section 343.022 — Abatement Procedures, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.343.htm#343.022 (accessed Jun. 5, 2024).
