| |
| |
| |
|
|
AN ACT
|
|
|
relating to remedies for common nuisances. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 125.002(e), Civil Practice and Remedies |
|
|
Code, is amended 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]. |
|
|
SECTION 2. Section 125.045, Civil Practice and Remedies |
|
|
Code, is amended by amending Subsections (a) and (b) and adding |
|
|
Subsection (a-1) to read as follows: |
|
|
(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 include in its order reasonable requirements |
|
|
to prevent the use or maintenance of the place as a nuisance; and |
|
|
(2) shall require that the defendant execute a bond. |
|
|
(a-1) The bond must: |
|
|
(1) be payable to the state at the county seat of the |
|
|
county in which the place is located; |
|
|
(2) be in the amount set by the court, but not less |
|
|
than $5,000 or more than $10,000; |
|
|
(3) have sufficient sureties approved by the court; |
|
|
and |
|
|
(4) be conditioned that the defendant will not |
|
|
knowingly maintain a common nuisance to exist at the place. |
|
|
(b) If, after an entry of a temporary or permanent |
|
|
injunction, a court determines that a condition of the injunctive |
|
|
order is violated, the court [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) order a political subdivision to discontinue the |
|
|
furnishing of utility services [by the political subdivision] 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) limit the hours of operation of the place, to the |
|
|
extent that the hours of operation are not otherwise specified by |
|
|
law; |
|
|
(6) order a landlord to terminate a tenant's lease if: |
|
|
(A) the landlord and the tenant are parties to |
|
|
the suit; and |
|
|
(B) the tenant has violated a condition of the |
|
|
injunctive order; or |
|
|
(7) order [use] any other legal remedy available under |
|
|
the laws of the state. |
|
|
SECTION 3. Section 125.002(f), Civil Practice and Remedies |
|
|
Code, is repealed. |
|
|
SECTION 4. 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 immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 5. 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. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1551 was passed by the House on April |
|
|
13, 2007, by the following vote: Yeas 141, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1551 on May 25, 2007, by the following vote: Yeas 143, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1551 was passed by the Senate, with |
|
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |