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A BILL TO BE ENTITLED
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AN ACT
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relating to common and public nuisances. |
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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 adding Subsections (c-1) and (c-2) and amending |
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Subsection (d) to read as follows: |
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(c-1) Except as provided by Subsection (c-2), a court may |
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issue a temporary restraining order, temporary injunction, or |
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permanent injunction in a suit under this section. |
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(c-2) A court may not issue a temporary restraining order in |
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a suit under this section to enjoin and abate a common nuisance if: |
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(1) the only activity that creates the common nuisance |
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is described by Section 125.0015(a)(1), (2), (14), or (23); or |
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(2) the only activity that creates the common nuisance |
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under Section 125.0015(a)(24) is the display of a firearm or other |
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deadly weapon in a public place in a manner calculated to alarm. |
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(d) A person who violates a temporary restraining order, |
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temporary injunction, or permanent injunction issued [injunctive |
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order] under this subchapter is subject to the following sentences |
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for civil contempt: |
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(1) a fine of not less than $1,000 or more than |
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$10,000; |
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(2) confinement in jail for a term of not less than 10 |
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or more than 30 days; or |
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(3) both fine and confinement. |
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SECTION 2. Subchapter C, Chapter 125, Civil Practice and |
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Remedies Code, is amended by adding Section 125.0451 to read as |
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follows: |
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Sec. 125.0451. TEMPORARY RESTRAINING ORDER. (a) A court |
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may issue a temporary restraining order without a formal hearing in |
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a suit under Section 125.002 only if the person seeking the |
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temporary restraining order shows in a hearing that a place is |
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maintained in a manner that is a common nuisance or about to become |
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a common nuisance. |
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(b) A temporary restraining order issued under this section |
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may not last for a period of more than 14 days. |
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(c) A temporary restraining order issued under this section |
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is not: |
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(1) an injunctive order for the purposes of Section |
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125.003 or 125.045; or |
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(2) a determination by the court that a person is |
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maintaining a common nuisance for the purposes of Section 125.046. |
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(d) A temporary restraining order may not be issued under |
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this section unless the person whose conduct or omission is sought |
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to be restrained receives notice of the hearing. |
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SECTION 3. Sections 125.047(c) and (d), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(c) A municipality may [shall] create a fund as a separate |
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account in the treasury of the municipality. |
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(d) If a municipality creates a fund under this section, the |
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[The] fund consists of: |
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(1) money awarded the municipality in an action under |
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this chapter; |
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(2) money awarded the municipality under a settlement |
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to an action under this chapter; |
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(3) fines resulting from code enforcement citations |
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issued by the municipality for conduct defined as a common or public |
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nuisance under this chapter; |
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(4) bonds forfeited to the municipality under this |
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chapter; and |
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(5) donations or grants made to the municipality for |
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the purpose of nuisance abatement. |
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SECTION 4. Section 125.002, Civil Practice and Remedies |
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Code, as amended by this Act, and Section 125.0451, Civil Practice |
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and Remedies Code, as added by this Act, apply only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |