BILL ANALYSIS H.B. 167 By: Ortega Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE While the state may seek injunctive relief in the form of a temporary or permanent injunction to abate a common nuisance, a court is not currently authorized to issue temporary restraining orders for that purpose. There are concerns that, when a party seeks a temporary injunction to abate a common nuisance, habitual criminal activity may continue unabated at the property in part due to the cumbersome and time-consuming process of seeking a nuisance action. H.B. 167 seeks to address these concerns and provide a more effective way to abate a common nuisance by allowing a court to issue a temporary restraining order without a formal hearing when a person seeking the order shows that a place is maintained in a manner that is a common nuisance or about to become a common nuisance. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 167 amends the Civil Practice and Remedies Code to specify that the forms of injunctive relief that a court may issue in a suit to abate a common nuisance are temporary restraining orders, temporary injunctions, or permanent injunctions and to clarify that the civil contempt penalties for violating an injunctive order in such a suit apply to a violation of those restraining orders and injunctions. The bill authorizes a court to issue a temporary restraining order without a formal hearing in such a suit 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. The temporary restraining order may not last for a period of more than 14 days and is not either of the following: an injunctive order for the purposes of statutory provisions relating to the execution of bond and a suit on that bond; or a determination by the court that a person is maintaining a common nuisance for the purposes of statutory provisions relating to the appointment of a receiver. H.B. 167 replaces the requirement that a municipality create a nuisance abatement fund as a separate account in the municipality's treasury with an authorization to do so. EFFECTIVE DATE September 1, 2021.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 167
By: Ortega
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 167
By: Ortega
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE While the state may seek injunctive relief in the form of a temporary or permanent injunction to abate a common nuisance, a court is not currently authorized to issue temporary restraining orders for that purpose. There are concerns that, when a party seeks a temporary injunction to abate a common nuisance, habitual criminal activity may continue unabated at the property in part due to the cumbersome and time-consuming process of seeking a nuisance action. H.B. 167 seeks to address these concerns and provide a more effective way to abate a common nuisance by allowing a court to issue a temporary restraining order without a formal hearing when a person seeking the order shows that a place is maintained in a manner that is a common nuisance or about to become a common nuisance.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 167 amends the Civil Practice and Remedies Code to specify that the forms of injunctive relief that a court may issue in a suit to abate a common nuisance are temporary restraining orders, temporary injunctions, or permanent injunctions and to clarify that the civil contempt penalties for violating an injunctive order in such a suit apply to a violation of those restraining orders and injunctions. The bill authorizes a court to issue a temporary restraining order without a formal hearing in such a suit 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. The temporary restraining order may not last for a period of more than 14 days and is not either of the following: an injunctive order for the purposes of statutory provisions relating to the execution of bond and a suit on that bond; or a determination by the court that a person is maintaining a common nuisance for the purposes of statutory provisions relating to the appointment of a receiver. H.B. 167 replaces the requirement that a municipality create a nuisance abatement fund as a separate account in the municipality's treasury with an authorization to do so.
EFFECTIVE DATE September 1, 2021.
BACKGROUND AND PURPOSE
While the state may seek injunctive relief in the form of a temporary or permanent injunction to abate a common nuisance, a court is not currently authorized to issue temporary restraining orders for that purpose. There are concerns that, when a party seeks a temporary injunction to abate a common nuisance, habitual criminal activity may continue unabated at the property in part due to the cumbersome and time-consuming process of seeking a nuisance action. H.B. 167 seeks to address these concerns and provide a more effective way to abate a common nuisance by allowing a court to issue a temporary restraining order without a formal hearing when a person seeking the order shows that a place is maintained in a manner that is a common nuisance or about to become a common nuisance.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 167 amends the Civil Practice and Remedies Code to specify that the forms of injunctive relief that a court may issue in a suit to abate a common nuisance are temporary restraining orders, temporary injunctions, or permanent injunctions and to clarify that the civil contempt penalties for violating an injunctive order in such a suit apply to a violation of those restraining orders and injunctions. The bill authorizes a court to issue a temporary restraining order without a formal hearing in such a suit 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. The temporary restraining order may not last for a period of more than 14 days and is not either of the following:
an injunctive order for the purposes of statutory provisions relating to the execution of bond and a suit on that bond; or
a determination by the court that a person is maintaining a common nuisance for the purposes of statutory provisions relating to the appointment of a receiver.
H.B. 167 replaces the requirement that a municipality create a nuisance abatement fund as a separate account in the municipality's treasury with an authorization to do so.
EFFECTIVE DATE
September 1, 2021.