By Merritt H.B. No. 2026
76R2771 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing certain local law enforcement officers to
1-3 declare a premises a public nuisance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) The legislature finds that:
1-6 (1) areas having a history of problems related to drug
1-7 activity create a public nuisance; and
1-8 (2) attempts to abate the public nuisance through
1-9 court proceedings is a burdensome and time-consuming process.
1-10 (b) The purpose of this Act is to:
1-11 (1) provide a process through which local law
1-12 enforcement authorities can promptly respond to problems that
1-13 result from the presence of drug activity on premises located
1-14 within the jurisdiction of the local law enforcement authority; and
1-15 (2) promote public health, safety, and welfare in
1-16 areas having a history of problems related to drug activity.
1-17 SECTION 2. Subchapter C, Chapter 125, Civil Practice and
1-18 Remedies Code, is amended by adding Section 125.047 to read as
1-19 follows:
1-20 Sec. 125.047. ADDITIONAL REMEDIES RELATED TO DRUG ACTIVITY.
1-21 (a) In this section, "premises" has the meaning assigned by
1-22 Section 92.001, Property Code.
1-23 (b) For purposes of this section, a public nuisance is
1-24 considered to exist on a premises if the manufacture, delivery,
2-1 possession, or use of a controlled substance in violation of
2-2 Chapter 481, Health and Safety Code, occurs on the premises.
2-3 (c) A county or municipality may appoint one or more local
2-4 law enforcement officers to administer this section.
2-5 (d) A local law enforcement officer appointed under this
2-6 section may initiate a hearing and issue an order as described by
2-7 this section if there has been at least one offense described by
2-8 Subsection (b) that was committed on the premises in a six-month
2-9 period.
2-10 (e) Before an order is issued under Subsection (f), the
2-11 local law enforcement officer shall provide notice and an
2-12 opportunity for a hearing to the owner, lessor, mortgagor, and
2-13 mortgagee of the premises.
2-14 (f) If, after a hearing, the local law enforcement officer
2-15 finds that the public nuisance exists on the premises, the local
2-16 law enforcement officer shall:
2-17 (1) issue an order declaring the premises a public
2-18 nuisance and directing any person to discontinue the activity
2-19 causing the premises to be a public nuisance; and
2-20 (2) direct a law enforcement officer to post the order
2-21 at the premises.
2-22 (g) On or after the 10th day after the date the order is
2-23 posted, the local law enforcement officer may issue an order
2-24 directing the closing of the premises for a period not to exceed
2-25 one year. The closing of a premises under this section is not an
2-26 act of possession, ownership, or control by the local government.
2-27 (h) The local law enforcement officer shall vacate an order
3-1 issued under this section if:
3-2 (1) a bond is posted for the period of the order and
3-3 the bond:
3-4 (A) is in an amount determined by the local law
3-5 enforcement officer to be necessary to cover the costs of
3-6 investigating and prosecuting a violation described by Subsection
3-7 (b) that is similar to a violation that previously occurred on the
3-8 premises, but not to exceed the amount of the appraised value of
3-9 the premises as shown by the records of the appraisal district in
3-10 which the premises is located;
3-11 (B) is payable to the county or municipality
3-12 that appointed the local law enforcement officer; and
3-13 (C) is conditioned that no additional violations
3-14 described by Subsection (b) will occur on the premises during the
3-15 period of the order; or
3-16 (2) reasonable proof is submitted to the local law
3-17 enforcement officer demonstrating that the public nuisance has been
3-18 abated and will not be permitted on the premises during the period
3-19 of the order.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.