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79R631 PAM-D
By: Dutton H.B. No. 427
A BILL TO BE ENTITLED
AN ACT
relating to the remedies available to a person to abate a nuisance
in a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 125, Civil Practice and
Remedies Code, is amended by adding Section 125.048 to read as
follows:
Sec. 125.048. ADDITIONAL REMEDIES IN MUNICIPALITY: SUIT
FOR REMEDIAL ACTION. (a) In addition to the other remedies
available under this chapter, a resident of a municipality may
bring a suit to require the municipality to take remedial action
against a common or public nuisance that is occurring in the
municipality. The suit may be brought only in a county in which the
nuisance occurs.
(b) If the court determines that the alleged nuisance that
is the object of the suit is a common or public nuisance and a threat
to the public health or welfare of the residents of the
municipality, the court may order the municipality to:
(1) warn any person who uses or is about to use the
premises for the purposes constituting the nuisance that the use
constitutes a common or public nuisance;
(2) investigate whether the municipality should bring
a suit under this subchapter or other law to abate the nuisance;
(3) purchase property on which a use that constitutes
the common or public nuisance has occurred; or
(4) exercise the power of eminent domain to acquire
the property on which a use that constitutes the common or public
nuisance has occurred.
(c) Before ordering relief under Subsection (b)(3) or (4),
the court must find that the acquisition of the property by the
municipality serves a public purpose of the municipality.
SECTION 2. This Act takes effect September 1, 2005.