| 1 | 1 | | 85R12098 SCL-D |
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| 2 | 2 | | By: Dutton H.B. No. 2631 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the remedies available to a person to abate a public |
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| 8 | 8 | | nuisance in a municipality. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 125, Civil Practice and Remedies Code, |
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| 11 | 11 | | is amended by adding Subchapter B to read as follows: |
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| 12 | 12 | | SUBCHAPTER B. ADDITIONAL REMEDIES IN MUNICIPALITY |
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| 13 | 13 | | Sec. 125.021. ADDITIONAL REMEDIES IN MUNICIPALITY. (a) In |
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| 14 | 14 | | addition to the other remedies available under this chapter, |
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| 15 | 15 | | residents of a municipality by petition may require the |
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| 16 | 16 | | municipality to file suit to take remedial action against an |
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| 17 | 17 | | alleged public nuisance that is occurring in the municipality. The |
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| 18 | 18 | | suit may be brought only in a county in which the nuisance occurs. |
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| 19 | 19 | | (b) A petition authorized by Subsection (a) must: |
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| 20 | 20 | | (1) be signed by a number of registered voters of the |
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| 21 | 21 | | voting precinct in which the alleged nuisance is located equal to at |
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| 22 | 22 | | least 20 percent of the number of voters who voted in the precinct |
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| 23 | 23 | | in the most recent general election for state and county officers; |
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| 24 | 24 | | (2) allege that the activity that is the subject of the |
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| 25 | 25 | | petition is occurring within the boundaries of the voting precinct |
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| 26 | 26 | | and within 1,000 feet of a residence; and |
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| 27 | 27 | | (3) be submitted to the governing body of the |
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| 28 | 28 | | municipality. |
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| 29 | 29 | | (c) Not later than the 30th day after the date the petition |
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| 30 | 30 | | is submitted to the governing body of the municipality, the |
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| 31 | 31 | | municipal secretary or another officer performing the duties of the |
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| 32 | 32 | | municipal secretary shall certify in writing to the governing body |
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| 33 | 33 | | whether the petition is valid or invalid. |
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| 34 | 34 | | (d) If the petition is determined invalid under Subsection |
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| 35 | 35 | | (c), the officer shall state all reasons for that determination. |
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| 36 | 36 | | (e) The municipality shall initiate a suit as provided by |
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| 37 | 37 | | Subsection (a) if: |
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| 38 | 38 | | (1) the petition is determined valid under Subsection |
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| 39 | 39 | | (c); and |
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| 40 | 40 | | (2) the governing body of the municipality determines |
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| 41 | 41 | | that the allegation made in the petition under Subsection (b)(2) is |
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| 42 | 42 | | true. |
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| 43 | 43 | | (f) The governing body of the municipality shall consider |
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| 44 | 44 | | the allegation and make or reject a determination under Subsection |
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| 45 | 45 | | (e)(2) before the 60th day after the date the governing body |
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| 46 | 46 | | receives the certification of a valid petition. |
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| 47 | 47 | | (g) If the court determines that the alleged nuisance that |
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| 48 | 48 | | is the object of the suit is a public nuisance and a threat to the |
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| 49 | 49 | | public health or welfare of the residents of the municipality, the |
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| 50 | 50 | | court may order the municipality to: |
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| 51 | 51 | | (1) warn any person who uses or is about to use the |
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| 52 | 52 | | premises for the purposes constituting the nuisance that the use |
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| 53 | 53 | | constitutes a public nuisance; |
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| 54 | 54 | | (2) investigate whether the municipality should file a |
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| 55 | 55 | | suit under this subchapter or other law to abate the nuisance; |
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| 56 | 56 | | (3) purchase property on which a use that constitutes |
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| 57 | 57 | | the public nuisance has occurred; or |
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| 58 | 58 | | (4) exercise the power of eminent domain to acquire |
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| 59 | 59 | | the property on which a use that constitutes the public nuisance has |
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| 60 | 60 | | occurred. |
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| 61 | 61 | | (h) Before ordering relief under Subsection (g)(3) or (4), |
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| 62 | 62 | | the court must find that the acquisition of the property by the |
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| 63 | 63 | | municipality serves a public purpose of the municipality. |
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| 64 | 64 | | SECTION 2. This Act takes effect September 1, 2017. |
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