Tex. Health & Safety Code Ann. ch. 341 (subchs. A, B, E, F) § 341.011
NUISANCE.
Operative Text
Sec. 341.011. NUISANCE. Each of the following is a public health nuisance:(1) a condition or place that is a breeding place for flies and that is in a populous area;(2) spoiled or diseased meats intended for human consumption;(3) a restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition;(4) a place, condition, or building controlled or operated by a state or local government agency that is not maintained in a sanitary condition;(5) sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a person or between persons;(6) a vehicle or container that is used to transport garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents;(7) a collection of water in which mosquitoes are breeding in the limits of a municipality or a collection of water that is a breeding area for mosquitoes that can transmit diseases regardless of the collection's location other than a location or property where activities meeting the definition of Section 11.002(12)(A), Water Code, occur;(8) a condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of a bone boiling or fat rendering plant, tallow or soap works, or other similar establishment;(9) a place or condition harboring rats in a populous area;(10) the presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public;(11) the maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies; and(12) an object, place, or condition that is a possible and probable medium of disease transmission to or between humans. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 130, Sec. 1, eff. May 27, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 346 (H.B. 819), Sec. 1, eff. June 9, 2015.
Under Tex. Health & Safety Code § 341.011, Texas law defines a specific list of conditions as public health nuisances, meaning they are legally recognized threats to community health. The list covers a wide range of situations, from fly- and mosquito-breeding sites and unsanitary food-service establishments to the presence of ectoparasites like bedbugs in sleeping accommodations and improperly managed sewage or organic waste. A condition qualifies as a public health nuisance when it serves as a possible or probable medium for disease transmission to or between humans.
Plain English — not legal advice.
Property owners and managers should be aware that § 341.011 identifies conditions commonly found in rental housing — such as bedbug infestations, standing water that breeds mosquitoes, leaking waste containers, and unsanitary conditions — as statutory public health nuisances under Texas law. Operators who maintain sleeping accommodations generally take steps to prevent and promptly address ectoparasite infestations, eliminate standing water, and ensure proper sewage containment to avoid falling within the nuisance definitions. Documented inspection and maintenance records can demonstrate that a property is not being operated in a manner that meets the statutory nuisance criteria of § 341.011.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in sleeping accommodations where conditions such as bedbug infestations, mosquito-breeding water, or sewage overflow exist may have grounds to assert that those conditions constitute a public health nuisance under Tex. Health & Safety Code § 341.011. Texas law gives local health authorities the power to act on reported nuisances, so tenants may consider contacting their local or county health department to document and report conditions that appear to meet the statutory definitions. Tenant-rights organizations in Texas can provide general information about how § 341.011 nuisance designations may interact with habitability standards and other available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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