By: Hochberg H.B. No. 1368

A BILL TO BE ENTITLED

AN ACT

relating to maintaining or participating in a public nuisance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 125.002, Civil Practice and Remedies Code, is amended by amending Subsection (e) and deleting Subsection (f) to read as follows:

(e) If judgment is in favor of the petitioner, the court shall grant an injunction ordering the defendant to abate the nuisance and enjoining the defendant from maintaining or participating in the nuisance and may include in its order reasonable requirements to prevent the use or maintenance of the place as a nuisance. If the petitioner brings an action in rem, the judgment is a judgment in rem against the property as well as a judgment against the defendant. The judgment must order that the place where the nuisance exists be closed for one year after the date of judgment [unless the defendant or the real property owner, lessee, or tenant of the property posts bond].

[(f)The bond must:

(1)) be payable to the state at the county seat of the county in which the nuisance exists;

(2)be in the penal sum of $10,000;

(3) have sufficient sureties approved by the court; and

(4) be conditioned that the property will not be used or permitted to be used for prostitution or gambling in violation of the Penal Code or for delivery, possession, manufacture, or use of a controlled substance in violation of Chapter 481, Health and Safety Code.]

SECTION 2. Section 125.045, Civil Practices and Remedies Code, is amended by amending Subsection (a) and Subsection (b) to read as follows:

Sec. 125.045. REMEDIES. (a) If, after notice and hearing on a request by a petitioner for a temporary injunction, a court determines that the petitioner is likely to succeed on the merits in a suit brought under Section 125.002, the court:

(1) may order a landlord to terminate a tenant's lease, if the landlord and the tenant are parties to the suit; and

(2) shall require that the defendant execute a bond. The bond must:

(A) be payable to the state at the county seat of the county in which the place is located;

(B) be in the amount set by the court, but not less than $5,000 or more than $10,000;

(C) have sufficient sureties approved by the court; and

(D) be conditioned that the defendant will not knowingly maintain a common nuisance to exist at the place.

(b) If, after notice and hearing on a request by a petitioner for a temporary injunction, a court determines that a condition of the injunctive order entered under this subchapter is violated, the district, county, or city attorney of the county in which the property is located, or attorney general [If any party to a court case fails to cease and desist creating and maintaining a common nuisance within the time allowed by the court, a political subdivision] may:

(1) discontinue the furnishing of utility services by the political subdivisions to the place at which the nuisance exists;

(2) prohibit the furnishing of utility service to the place by any public utility holding a franchise to use the streets and alleys of the political subdivision;

(3) revoke the certificate of occupancy of the place;

(4) prohibit the use of city streets, alleys, and other public ways for access to the place during the existence of the nuisance or in furtherance of the nuisance; and

(5) use any other legal remedy available under the laws of the state.

SECTION 3. The change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law in effect at the time the cause of action accrued, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.