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HB26-1239 • 2026

County Enforcement Authority

The act updates county enforcement authority in connection with: Providing for and compelling the removal of rubbish, including trash, junk, and garbage, from property within the county; Providing for

Land
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. L. Goldstein, Rep. C. Richardson, Sen. K. Mullica, Rep. J. Bacon, Rep. E. Hamrick, Rep. J. McCluskie, Rep. K. Nguyen, Rep. A. Paschal, Rep. J. Phillips, Rep. N. Ricks, Rep. K. Stewart, Sen. J. Coleman, Sen. J. Marchman, Sen. D. Roberts
Last action
2026-05-29
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The official summary mentions 'specified exceptions' for dangerous buildings but does not list what those exceptions are.

County Enforcement Authority for Property Cleanup and Safety

This law updates county rules to force the removal of trash, weeds, or dangerous buildings and allows counties to charge owners for these costs.

What This Bill Does

  • Requires county rules to include steps for getting a warrant to enter land and seize items when removing rubbish, weeds, or unsafe structures.
  • Allows counties to add reasonable removal costs plus a 10% fee as a financial claim against the property if the owner does not pay.
  • Changes how courts decide civil penalties for owners who break county rules about cleaning up trash, weeds, or buildings.

Who It Names or Affects

  • County governments and their enforcement agencies
  • Property owners within the counties

Terms To Know

Administrative entry and seizure warrant
A legal document that allows county officials to enter private land and take items when removing rubbish, weeds, or unsafe structures.
Lien
A financial claim against a property for unpaid removal costs plus fees.

Limits and Unknowns

  • The effective date of this law is not listed in the provided text.
  • Specific exceptions to building removal rules are mentioned but not detailed in the summary.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment clarifies that counties can remove trash from nearby public areas if the property owner caused it and ensures fines keep adding up until the problem is fixed.

  • Counties are allowed to clean up rubbish in alleys, sidewalks, or any adjacent public right-of-way only if the mess was caused by or started on that specific property.
  • Civil penalties for violations will continue to increase every day until the owner fixes the problem.
  • The definition of 'affected land' is updated to include two additional state law sections regarding drainage and water issues.
  • Some parts of the amendment text are incomplete or cut off, so it is unclear exactly how county boards will give notice or handle enforcement details.
  • The specific changes made on pages 32 and 38 regarding legal terms like 'OR' versus 'AND' cannot be fully explained without seeing the full original sentences.
L.002

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment adds the county attorney as an official who can help enforce rules about removing trash and junk from property, alongside the clerk and recorder.

  • It allows the county attorney to act in place of or with the clerk and recorder when enforcing laws about cleaning up rubbish.
  • The amendment text only shows where words are added but does not explain exactly what powers the county attorney will have.
  • Because the full bill is missing, it is unclear if this change applies to all counties or just specific situations.
L.003

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment changes the rules for county officials so they can issue written notices to fix property violations based on evidence from a reasonable investigation, instead of requiring them to have personally seen the violation.

  • County building inspectors and other officials no longer need personal knowledge of a violation to act; they only need competent evidence found during a reasonable investigation.
  • Officials can now send written notices to property owners telling them to fix issues like rubbish or code violations based on this investigated evidence.
  • The amendment text is very technical and contains formatting errors that make it hard to read the exact legal sections being changed.
  • It does not explain what specific types of investigations are allowed or how much time officials have to complete them.
L.004

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment changes the number of days or units mentioned in two specific places in the bill from three to one.

  • On page 13, line 3, it replaces the word 'THREE' with 'ONE'.
  • On page 29, line 3, it also changes the number from 'THREE' to 'ONE'.
  • The amendment text only shows where numbers are changed but does not explain what those numbers count or measure.
  • Without seeing the full bill context, we cannot say exactly how this change affects county enforcement rules for removing trash.
L.005

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment lowers the maximum fine for breaking county building codes and sets specific rules on how courts must decide penalty amounts based on factors like safety risks and past behavior.

  • The maximum civil penalty per violation is lowered from $3,000 to $2,650.
  • Courts are given presumptive fine limits of $500 for a first offense, $1,000 for a second, and $2,650 for third or later offenses.
  • Judges must list the specific reasons on the official record when deciding how much to charge someone as a penalty.
  • Courts are required to consider factors like public safety risks, impact on neighbors, and whether the person ignored previous laws before setting a fine.
  • The amendment text does not explain what specific actions count as 'aggravating factors' that would allow a judge to charge more than the standard limits.
  • This change only applies to violations of county building codes and may not affect other types of fines mentioned in the original bill.
L.006

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment updates the maximum fine for breaking county zoning rules to $2,650 and lists specific factors courts must consider when deciding how much a penalty should be.

  • The maximum civil penalty for violating a county zoning rule is changed from $3,000 to $2,650 per violation.
  • Courts are given set 'presumptive' fine amounts based on whether it is the first ($500), second ($1,000), or third and later offense ($2,650).
  • The amendment adds a list of eight specific factors courts must look at when deciding fines, such as how the violation affects public safety or if the person has ignored laws before.
  • Courts are allowed to charge more than the standard fine amount only if there are serious reasons that make the situation worse.
  • The amendment text does not explain what specific actions count as a 'zoning violation' or how counties define their zones.
  • It is unclear from this short text exactly which parts of the original bill were removed on page 16, only that they are being replaced by new factors.
L.008

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment lowers the maximum fine for breaking county building codes and sets specific penalty amounts based on how many times a person has violated the rules.

  • The highest possible civil penalty per violation is lowered from $3,000 to $2,650.
  • A new minimum fine of $100 is established for each violation.
  • Standard maximum fines are set at $500 for a first offense, $1,000 for a second offense, and $2,650 for a third or later offense.
  • Courts must list specific reasons on the record when deciding how much to fine someone.
  • The amendment text does not explain what counts as an 'aggravating factor' that would allow a court to charge more than the standard maximum penalty.
  • The full context of which specific county building codes apply is not included in this short excerpt.
L.009

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment lowers the maximum fine for property violations and sets specific penalty amounts based on how many times a person has broken the rules.

  • The highest possible civil fine is lowered from $3,000 to $2,650 per violation.
  • A new minimum fine of $100 is added for each violation.
  • Standard maximum fines are set at $500 for a first offense, $1,000 for a second offense, and $2,650 for a third or later offense.
  • Courts must list specific reasons on the record when deciding how much to fine someone.
  • The text does not explain what actions count as violations under this article, only how fines are calculated once a violation occurs.
L.010

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment lowers the maximum fine for property violations and sets specific penalty amounts based on how many times a person has broken the rules.

  • The highest possible civil penalty is lowered from $3,000 to $2,650 per violation.
  • A minimum fine of $100 is established for each violation.
  • Standard maximum fines are set at $500 for a first offense, $1,000 for a second offense, and $2,650 for a third or later offense.
  • Courts must list the reasons for their fine amount on the official record.
  • The amendment lists factors courts should consider when deciding fines but does not explain how to weigh them against each other.
  • It is unclear exactly what counts as 'aggravating factors' that would allow a court to charge more than the standard maximum fine.
L.019

SEN Local Government & Housing

Passed [*]

Plain English: This amendment fixes a numbering error in the law by changing a reference from section (1) to section (3).

  • The text on page 33, line 7 of the bill is changed so that it refers to subsection (3) instead of subsection (1).
  • The amendment only shows a small change in numbers and does not explain what specific rules or topics are covered by section (3), making it impossible to describe the full effect on county enforcement without seeing the rest of the bill.
L.012

Second Reading

Passed [**]

Plain English: This amendment clarifies that state agencies are not considered property owners or persons under specific parts of the bill regarding rubbish removal.

  • State agencies will no longer be counted as 'property owners' when enforcing rules about removing trash from land.
  • The definition of a 'person' in several sections is updated to exclude state agencies.

Bill History

  1. 2026-05-29 Governor

    Governor Signed

  2. 2026-05-20 Governor

    Sent to the Governor

  3. 2026-05-20 Senate

    Signed by the President of the Senate

  4. 2026-05-20 House

    Signed by the Speaker of the House

  5. 2026-04-21 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-04-09 House

    House Considered Senate Amendments - Result was to Laid Over Daily

  7. 2026-04-08 Senate

    Senate Third Reading Passed - No Amendments

  8. 2026-04-07 Senate

    Senate Second Reading Passed with Amendments - Committee

  9. 2026-04-02 Senate

    Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole

  10. 2026-03-18 Senate

    Introduced In Senate - Assigned to Local Government & Housing

  11. 2026-03-13 House

    House Third Reading Passed - No Amendments

  12. 2026-03-12 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  13. 2026-03-10 House

    House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole

  14. 2026-02-18 House

    Introduced In House - Assigned to Transportation, Housing & Local Government

Official Summary Text

The act updates county enforcement authority in connection with:
Providing for and compelling the removal of rubbish, including trash, junk, and garbage, from property within the county;
Providing for and compelling the removal of weeds and brush from property within the county;
Providing for and compelling the removal or securing of any building or structure in the county, with specified exceptions, that, due to its condition, presents a substantial danger or hazard to the public health, safety, or welfare; and
The unlawful erection, construction, reconstruction, alteration, or use of any building or structure in the county or the use of any land in the county in violation of a zoning resolution or ordinance adopted by the board of county commissioners.
For the removal actions described above, the act requires county ordinances to include provisions for applying for and exercising an administrative entry and seizure warrant. The act also allows counties to assess the reasonable costs of removal, including a 10% fee for inspection and incidental costs, as a lien against the property.
The act modifies the civil penalties that a court may impose and the factors that a court must consider in determining the appropriate civil penalty when a property owner violates a county ordinance or building code regarding the removal of rubbish or weeds and brush from property within the county, the removal or securing of a building or structure in the county, or the unlawful erection, construction, reconstruction, alteration, or use of a building or structure in the county.
(Note: This summary applies to this bill as enacted.)