87R742 BRG-F
 
  By: Ortega H.B. No. 167
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to common and public nuisances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 125.002, Civil Practice and Remedies
  Code, is amended by adding Subsection (c-1) and amending Subsection
  (d) to read as follows:
         (c-1)  A court may issue a temporary restraining order,
  temporary injunction, or permanent injunction in a suit under this
  section.
         (d)  A person who violates a temporary restraining order,
  temporary injunction, or permanent injunction issued [injunctive
  order] under this subchapter is subject to the following sentences
  for civil contempt:
               (1)  a fine of not less than $1,000 or more than
  $10,000;
               (2)  confinement in jail for a term of not less than 10
  or more than 30 days; or
               (3)  both fine and confinement.
         SECTION 2.  Subchapter C, Chapter 125, Civil Practice and
  Remedies Code, is amended by adding Section 125.0451 to read as
  follows:
         Sec. 125.0451.  TEMPORARY RESTRAINING ORDER. (a)  A court
  may issue a temporary restraining order without a formal hearing in
  a suit under Section 125.002 only if the person seeking the
  temporary restraining order shows in an ex parte hearing that a
  place is maintained in a manner that is a common nuisance or about
  to become a common nuisance.
         (b)  A temporary restraining order issued under this section
  may not last for a period of more than 14 days.
         (c)  A temporary restraining order issued under this section
  is not:
               (1)  an injunctive order for the purposes of Section
  125.003 or 125.045; or
               (2)  a determination by the court that a person is
  maintaining a common nuisance for the purposes of Section 125.046.
         SECTION 3.  Sections 125.047(c) and (d), Civil Practice and
  Remedies Code, are amended to read as follows:
         (c)  A municipality may [shall] create a fund as a separate
  account in the treasury of the municipality.
         (d)  If a municipality creates a fund under this section, the
  [The] fund consists of:
               (1)  money awarded the municipality in an action under
  this chapter;
               (2)  money awarded the municipality under a settlement
  to an action under this chapter;
               (3)  fines resulting from code enforcement citations
  issued by the municipality for conduct defined as a common or public
  nuisance under this chapter;
               (4)  bonds forfeited to the municipality under this
  chapter; and
               (5)  donations or grants made to the municipality for
  the purpose of nuisance abatement.
         SECTION 4.  Section 125.002, Civil Practice and Remedies
  Code, as amended by this Act, and Section 125.0451, Civil Practice
  and Remedies Code, as added by this Act, apply 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 immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 5.  This Act takes effect September 1, 2021.