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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of a public health nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.011, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.011. NUISANCE. Each of the following is a public |
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health nuisance: |
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(1) a condition or place that is a breeding place for |
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flies and that is in a populous area; |
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(2) spoiled or diseased meats intended for human |
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consumption; |
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(3) a restaurant, food market, bakery, other place of |
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business, or vehicle in which food is prepared, packed, stored, |
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transported, sold, or served to the public and that is not |
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constantly maintained in a sanitary condition; |
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(4) a place, condition, or building controlled or |
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operated by a state or local government agency that is not |
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maintained in a sanitary condition; |
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(5) sewage, human excreta, wastewater, garbage, or |
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other organic wastes deposited, stored, discharged, or exposed in |
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such a way as to be a potential instrument or medium in disease |
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transmission to a person or between persons; |
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(6) a vehicle or container that is used to transport |
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garbage, human excreta, or other organic material and that is |
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defective and allows leakage or spilling of contents; |
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(7) a collection of water in which mosquitoes are |
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breeding in the limits of a municipality or a collection of water |
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that is a breeding area for [Culex quinquefasciatus] mosquitoes |
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that can transmit diseases regardless of the collection's location |
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other than a location or property where activities meeting the |
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definition of Section 11.002(12)(A), Water Code, occur; |
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(8) a condition that may be proven to injuriously |
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affect the public health and that may directly or indirectly result |
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from the operations of a bone boiling or fat rendering plant, tallow |
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or soap works, or other similar establishment; |
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(9) a place or condition harboring rats in a populous |
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area; |
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(10) the presence of ectoparasites, including |
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bedbugs, lice, and mites, suspected to be disease carriers in a |
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place in which sleeping accommodations are offered to the public; |
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(11) the maintenance of an open surface privy or an |
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overflowing septic tank so that the contents may be accessible to |
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flies; and |
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(12) an object, place, or condition that is a possible |
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and probable medium of disease transmission to or between humans. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |