By Dutton H.B. No. 1135 76R1524 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the remedies available to a person to abate a public 1-3 nuisance in a municipality. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 125, Civil Practice and 1-6 Remedies Code, is amended by adding Section 125.023 to read as 1-7 follows: 1-8 Sec. 125.023. ADDITIONAL REMEDIES IN MUNICIPALITY. (a) In 1-9 addition to the other remedies available under this chapter, a 1-10 resident of a municipality may bring a suit to require the 1-11 municipality to take remedial action against a public nuisance that 1-12 is occurring in the municipality. The suit may be brought only in 1-13 a county in which the nuisance occurs. 1-14 (b) If the court determines that the alleged nuisance that 1-15 is the object of the suit is a public nuisance and a threat to the 1-16 public health or welfare of the residents of the municipality, the 1-17 court may order the municipality to: 1-18 (1) warn any person who uses or is about to use the 1-19 premises for the purposes constituting the nuisance that the use 1-20 constitutes a public nuisance; 1-21 (2) investigate whether the municipality should bring 1-22 a suit under this subchapter or other law to abate the nuisance; 1-23 (3) purchase property on which a use that constitutes 1-24 the public nuisance has occurred; or 2-1 (4) exercise the power of eminent domain to acquire 2-2 the property on which a use that constitutes the public nuisance 2-3 has occurred. 2-4 (c) Before ordering relief under Subsection (b)(3) or (4), 2-5 the court must find that the acquisition of the property by the 2-6 municipality serves a public purpose of the municipality. 2-7 SECTION 2. This Act takes effect September 1, 1999. 2-8 SECTION 3. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended.