Texas Attorney General Opinion: H-280 Page: 2 of 5
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The Honorable William J. Bernardino page 2 (H-280)
"(h) Any collection of water in which mosquitos
are breeding within the limits of any city, town or
village;"
Section 3 (b) provides as follows:
"Every local health officer who receives
information and proof of the existence of a nuisance
within his jurisdiction shall issue a written notice
to any person responsible for the said nuisance.
ordering the abatement of same. He shall at the
same time send a copy of the said notice to the
local city, county, or district attorney. Such
notice shall specify the nature of the nuisance and
shall designate a reasonable time within which such
abatement shall be accomplished. In the event
such notice is not complied with within the specified
time, the local prosecuting attorney who received
the copy of the original notice shall be so advised
by the local health officer, and he shall immediately
institute proceedings for the abatement thereof."
We believe that the basic answer to your question is controlled
by the facts and circumstances involved in a given case, and the most
we can say is that there is nothing about "a road" that would prevent
conditions existing thereon from being considered a nuisance under
Article 4477-1 if the conditions defined in the statute exist with reference
to or because of the road or its maintenance.
In your letter you enclosed a letter to you from the director of
the Montgomery-Walker County Health District which indicates that the
concern emanates from that agency. We note our belief that under 4
and 4a of Article 4447a, V. T. C. S., the director of a coordinated healthp. 1305
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-280, text, April 19, 1974; (https://texashistory.unt.edu/ark:/67531/metapth270803/m1/2/: accessed June 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.