By Dutton                                              H.B. No. 862
         77R2087 PAM-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, 2001.