Tex. Health & Safety Code Ann. ch. 341 (subchs. A, B, E, F) § 341.012
ABATEMENT OF NUISANCE.
Operative Text
Sec. 341.012. ABATEMENT OF NUISANCE. (a) A person shall abate a public health nuisance existing in or on a place the person possesses as soon as the person knows that the nuisance exists.(b) A local health authority who receives information and proof that a public health nuisance exists in the local health authority's jurisdiction shall issue a written notice ordering the abatement of the nuisance to any person responsible for the nuisance. The local health authority shall at the same time send a copy of the notice to the local municipal, county, or district attorney.(c) The notice must specify the nature of the public health nuisance and designate a reasonable time within which the nuisance must be abated.(d) If the public health nuisance is not abated within the time specified by the notice, the local health authority shall notify the prosecuting attorney who received the copy of the original notice. The prosecuting attorney:(1) shall immediately institute proceedings to abate the public health nuisance; or(2) request the attorney general to institute the proceedings or provide assistance in the prosecution of the proceedings, including participation as an assistant prosecutor when appointed by the prosecuting attorney. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 648, Sec. 1, eff. Sept. 1, 1993.
Under Texas Health & Safety Code § 341.012, any person who possesses a property where a public health nuisance exists is required to eliminate that nuisance as soon as they become aware of it. If a local health authority receives evidence of such a nuisance, it must issue a written notice to the responsible party specifying what the nuisance is and setting a reasonable deadline for its removal. If the nuisance is not addressed within that deadline, the local health authority must notify the prosecuting attorney, who is then obligated to initiate legal proceedings to force abatement — or to seek assistance from the state attorney general.
Plain English — not legal advice.
Property owners and managers operating in Texas should be aware that § 341.012 places an immediate duty to act on anyone who possesses a property where a public health nuisance is identified. Compliant operators typically maintain regular inspection routines, document conditions, and address any nuisance conditions promptly upon discovery — before a local health authority becomes involved. When a written abatement notice is received, operators generally respond within the designated timeframe and keep records of remediation steps taken, since failure to comply can trigger formal legal proceedings by a prosecuting attorney or the state attorney general.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Texas Health & Safety Code § 341.012 establishes that the person responsible for a property — not just the owner — must abate a public health nuisance as soon as it is known to exist, which can be relevant when a landlord fails to address hazardous conditions. Tenants who believe a public health nuisance exists in their rental unit may report the condition to their local health authority, which has the authority to issue a formal abatement notice and, if ignored, refer the matter to a prosecuting attorney. Tenant-rights organizations and legal aid services can help renters understand how this provision interacts with other housing remedies available under Texas law.
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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