H.B. No. 1551

	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