Court Opinions

State Laws

US Code

US Constitution

Texas Health & Safety Code - Section 365.017. Regulation Of Litter In Certain Counties

Legal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 365.017. Regulation Of Litter In Certain Counties

§ 365.017. REGULATION OF LITTER IN CERTAIN COUNTIES.  (a) 
The commissioners court of a county may adopt regulations to 
control the disposal of litter and the removal of illegally dumped 
litter from private property in unincorporated areas of that 
county.  The commissioners court may not adopt regulations under 
this section concerning the disposal of recyclable materials as 
defined in Chapter 361 of the Health and Safety Code.
	(b)  Prior to the adoption of regulations the commissioners 
court of a county must find that the proposed regulations are 
necessary to promote the public health, safety, and welfare of the 
residents of that county.
	(c)  The definitions of Section 365.011 apply in this Act.  
"Illegally dumped litter" means litter dumped anywhere other than 
in an approved solid waste site.  "Litter" has the meaning assigned 
by Section 365.011, except that the term does not include equipment 
used for agricultural purposes.
	(d)  The regulations adopted by the commissioners court may 
require the record property owners to pay for the cost of removal 
after the commissioners court has given the record property owner 
30 days written notice to remove the illegally dumped litter.
	(e)  Regulations adopted under this section are in addition 
to any other law regarding this issue and the stricter law shall 
apply.
	(f)  In addition to any other remedy provided by law, a 
district attorney, a county attorney, or the attorney general may 
bring a civil suit to enjoin violation of regulations adopted under 
this section and to recover the costs of removal of illegally dumped 
litter.  In such a suit the prevailing party may recover its 
reasonable attorney fees, court fees, and reasonable investigative 
costs incurred in relation to that proceeding.

Added by Acts 1993, 73rd Leg., ch. 828, § 4, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 439, § 1, eff. June 9, 1995.

Last modified: August 11, 2007