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Amend CSHB 1287 as follows:
(1) On page 1, line 5, strike "Subsection (c)" and substitute "Subsections (c) and (d)".
(2) On page 1, strike lines 10-16, and substitute:
that:
(1) the person responsible for causing the public
nuisance has not responded sufficiently to previous attempts to
abate a nuisance on the premises, if the relief sought prohibits or
controls access of a person other than the owner; or
(2) the owner of the premises knew about the nuisance
and has not responded sufficiently to previous attempts to abate a
nuisance on the premises, if the relief sought controls access of
the owner.
(d) In granting relief under Subsection (c), the court:
(1) may not, in a suit brought under Section
343.011(c)(9), prohibit or control access by the owner or operator
of a utility line or utility easement to that utility line or
utility easement; and
(2) may not prohibit the owner of the premises from
accessing the property but may prohibit a continued or future
violation.