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A BILL TO BE ENTITLED
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AN ACT
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relating to maintaining or participating in a public nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (e) and deleting Subsection |
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(f) to read as follows: |
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(e) If judgment is in favor of the petitioner, the court |
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shall grant an injunction ordering the defendant to abate the |
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nuisance and enjoining the defendant from maintaining or |
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participating in the nuisance and may include in its order |
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reasonable requirements to prevent the use or maintenance of the |
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place as a nuisance. If the petitioner brings an action in rem, the |
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judgment is a judgment in rem against the property as well as a |
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judgment against the defendant. The judgment must order that the |
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place where the nuisance exists be closed for one year after the |
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date of judgment [unless the defendant or the real property owner,
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lessee, or tenant of the property posts bond]. |
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[(f)The bond must:
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(1)) be payable to the state at the county seat of the
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county in which the nuisance exists;
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(2)be in the penal sum of $10,000;
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(3) have sufficient sureties approved by the court;
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and
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(4) be conditioned that the property will not be used
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or permitted to be used for prostitution or gambling in violation of
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the Penal Code or for delivery, possession, manufacture, or use of a
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controlled substance in violation of Chapter 481, Health and Safety
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Code.] |
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SECTION 2. Section 125.045, Civil Practices and Remedies |
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Code, is amended by amending Subsection (a) and Subsection (b) to |
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read as follows: |
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Sec. 125.045. REMEDIES. (a) If, after notice and hearing on a |
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request by a petitioner for a temporary injunction, a court |
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determines that the petitioner is likely to succeed on the merits in |
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a suit brought under Section 125.002, the court: |
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(1) may order a landlord to terminate a tenant's lease, |
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if the landlord and the tenant are parties to the suit; and |
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(2) shall require that the defendant execute a bond. |
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The bond must: |
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(A) be payable to the state at the county seat of |
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the county in which the place is located; |
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(B) be in the amount set by the court, but not |
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less than $5,000 or more than $10,000; |
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(C) have sufficient sureties approved by the |
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court; and |
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(D) be conditioned that the defendant will not |
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knowingly maintain a common nuisance to exist at the place. |
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(b) If, after notice and hearing on a request by a |
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petitioner for a temporary injunction, a court determines that a |
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condition of the injunctive order entered under this subchapter is |
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violated, the district, county, or city attorney of the county in |
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which the property is located, or attorney general [If any party to
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a court case fails to cease and desist creating and maintaining a
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common nuisance within the time allowed by the court, a political
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subdivision] may: |
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(1) discontinue the furnishing of utility services by |
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the political subdivisions to the place at which the nuisance |
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exists; |
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(2) prohibit the furnishing of utility service to the |
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place by any public utility holding a franchise to use the streets |
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and alleys of the political subdivision; |
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(3) revoke the certificate of occupancy of the place; |
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(4) prohibit the use of city streets, alleys, and |
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other public ways for access to the place during the existence of |
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the nuisance or in furtherance of the nuisance; and |
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(5) use any other legal remedy available under the |
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laws of the state. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect at the time the cause of |
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action accrued, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |