§ 125.047.Nuisance Abatement Fund

A dedicated fund, and the population threshold makes clear how few places it reaches.

This section applies only to a municipality with a population of 1.5 million or more, which in Texas is a short list.

Such a municipality shall create a fund as a separate account in its treasury.

"Separate account" is the operative requirement. Money kept apart cannot be absorbed into general revenue and spent on something else.

Five sources feed it. Money awarded the municipality in an action under this chapter; money awarded under a settlement; fines from code enforcement citations for conduct defined as a common or public nuisance here; bonds forfeited to the municipality; and donations or grants for nuisance abatement.

The bond forfeitures connect directly to the enforcement provisions, which direct a forfeited bond to the originating entity — so a city attorney who wins and enforces feeds the fund.

"Nuisance abatement" is defined as an activity taken by a municipality to reduce the occurrences of a common or public nuisance, which covers both kinds the chapter creates.

The money may be used only for ongoing nuisance abatement, and two uses are named: regular and overtime compensation for nuisance abatement or enforcement personnel, and hiring additional personnel as needed.

Both named uses are people. That reflects what this work consists of — inspectors, investigators and lawyers, not equipment.

The design is self-reinforcing by intention. Successful enforcement produces awards, fines and forfeitures, and those pay for more enforcement.