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Dumping Laws - Short Guide  

Texas Health & Safety Code Chapter 343
Abatement of Public Nuisances

Access a copy of this law from the State of Texas site


 Purpose To force the abatement of certain public health nuisances outside cities
 Applicable In          Unincorporated areas of the state only (not in cities)
 Venue "A court of competent jurisdiction in the county may issue an order necessary to enforce this chapter." Section 343.025
 Criminal Penalties a. Violator given statutory 30 days to abate nuisance by officer;
b. 1st conviction: $50 to $200 fine by JP or Municipal Court;
c. Subsequent conviction at any time in the future: $220 to $1,000 fine and/or up to 180 days in jail;
d. Court shall order abatement of the nuisance upon conviction.
 Civil Penalties a. No specific civil penalties described in statute;
b. The general civil penalty powers established for governments dealing with environmental statute violations (i.e., Texas Water Code Section 7.102) apparently includes violations of H&S 343 in that list of statutes the violation of which subjects the violator to civil penalties of $50 to $25,000 per day;
c. The county may abate the nuisance itself and place liens on the property, provided that the county has adopted and follows appropriate procedural rules described in Section 343.022
 Of Interest

a. Each day of a continuing nuisance is a separate offense;
b. Time to abate after receiving formal notice is 30 days as provided by statute;
c. Directly enforceable by any peace officer or public health officer;
d. Counties may abate a nuisance itself if the property possessor won't, provided that the county follows procedures under Section 343.022;
e. County officers have very broad rights to enter property under Section 343.024. Avoid the temptation to use this provision to avoid having to get a search warrant for entry to enforce criminal law. discuss this provision with your prosecutor before using it;

 Evaluation

a. Can be effectively used to clean rural areas and sub-divisions;
b. Most counties do not have approved (by commissioners court) abatement procedures and are consequently needlessly foregoing having Section 343.022 abatement rights ready to exercise if need be;
c. The citizen suit provisions in Section 343.013(b) may be used by homeowner association to clean rural subdivisions. 


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