By Hochberg H.B. No. 2042
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil remedies for certain nuisances.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 125.041, Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 Sec. 125.041. DEFINITIONS <PUBLIC NUISANCE>. In this
1-7 subchapter:
1-8 (1) "Common nuisance" is a nuisance described by
1-9 Section 125.001.
1-10 (2) "Public nuisance" is a nuisance described by
1-11 Section 125.021.
1-12 (3) "Multiunit residential property" means improved
1-13 real property with at least three dwelling units, including an
1-14 apartment building or condominium. The term does not include:
1-15 (A) a property in which each dwelling unit is
1-16 occupied by the owner of the property; or
1-17 (B) a single-family home or duplex. <For the
1-18 purposes of this subchapter, a public nuisance is considered to
1-19 exist at a place if one or more of the following acts occurs at
1-20 that place on a regular basis:>
1-21 <(1) gambling, gambling promotion, or communication of
1-22 gambling information, as prohibited by Chapter 47, Penal Code;>
1-23 <(2) promotion or aggravated promotion of
2-1 prostitution, as prohibited by Chapter 43, Penal Code;>
2-2 <(3) compelling prostitution, as prohibited by Chapter
2-3 43, Penal Code;>
2-4 <(4) commercial manufacture, commercial distribution,
2-5 or commercial exhibition of material that is obscene, as defined by
2-6 Section 43.21, Penal Code;>
2-7 <(5) commercial exhibition of a live dance or other
2-8 act in which a person engages in real or simulated sexual
2-9 intercourse or deviate sexual intercourse, as defined by Section
2-10 43.01, Penal Code;>
2-11 <(6) reckless discharge of a firearm as described by
2-12 Section 42.015, Penal Code; or>
2-13 <(6) engaging in organized criminal activity as a
2-14 member of a combination or as a member of a criminal street gang as
2-15 described by Section 71.02, Penal Code; or>
2-16 <(7) manufacture, delivery, or use of a controlled
2-17 substance in violation of Chapter 481, Health and Safety Code.>
2-18 SECTION 2. Subchapter C, Chapter 125, Civil Practice and
2-19 Remedies Code, is amended by adding Section 125.046 to read as
2-20 follows:
2-21 Sec. 125.046. ADDITIONAL REMEDIES; RECEIVER. (a) If, in
2-22 any judicial proceeding under Subchapter A or B, a court determines
2-23 that a person is maintaining a multiunit residential property that
2-24 is a common nuisance or a multiunit residential property at which a
2-25 public nuisance exists, the court may, on its own motion or on the
3-1 motion of any party, order the appointment of a receiver to manage
3-2 the property or render any other order allowed by law as necessary
3-3 to abate the nuisance.
3-4 (b) A receiver appointed under this section may not be
3-5 appointed for a period longer than one year.
3-6 (c) The court shall determine the management duties of the
3-7 receiver, the amount to be paid the receiver, the method of
3-8 payment, and the payment periods.
3-9 (d) A receiver appointed under this section shall continue
3-10 to manage the property during the pendency of any appeal relating
3-11 to the nuisance or the appointment of the receiver.
3-12 SECTION 3. This Act applies to a common or public nuisance
3-13 in existence on or after the effective date of this Act, without
3-14 regard to whether the nuisance began before, on, or after that
3-15 date.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.