Texas 2021 - 87th Regular

Texas House Bill HB167 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R742 BRG-F
1	2		By: Ortega H.B. No. 167
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to common and public nuisances.
7	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	9		SECTION 1. Section 125.002, Civil Practice and Remedies
9		-	Code, is amended by adding Subsections (c-1) and (c-2) and amending
10		-	Subsection (d) to read as follows:
11		-	(c-1) Except as provided by Subsection (c-2), a court may
12		-	issue a temporary restraining order, temporary injunction, or
13		-	permanent injunction in a suit under this section.
14		-	(c-2) A court may not issue a temporary restraining order in
15		-	a suit under this section to enjoin and abate a common nuisance if:
16		-	(1) the only activity that creates the common nuisance
17		-	is described by Section 125.0015(a)(1), (2), (14), or (23); or
18		-	(2) the only activity that creates the common nuisance
19		-	under Section 125.0015(a)(24) is the display of a firearm or other
20		-	deadly weapon in a public place in a manner calculated to alarm.
	10	+	Code, is amended by adding Subsection (c-1) and amending Subsection
	11	+	(d) to read as follows:
	12	+	(c-1) A court may issue a temporary restraining order,
	13	+	temporary injunction, or permanent injunction in a suit under this
	14	+	section.
21	15		(d) A person who violates a temporary restraining order,
22	16		temporary injunction, or permanent injunction issued [injunctive
23	17		order] under this subchapter is subject to the following sentences
24	18		for civil contempt:
25	19		(1) a fine of not less than $1,000 or more than
26	20		$10,000;
27	21		(2) confinement in jail for a term of not less than 10
28	22		or more than 30 days; or
29	23		(3) both fine and confinement.
30	24		SECTION 2. Subchapter C, Chapter 125, Civil Practice and
31	25		Remedies Code, is amended by adding Section 125.0451 to read as
32	26		follows:
33	27		Sec. 125.0451. TEMPORARY RESTRAINING ORDER. (a) A court
34	28		may issue a temporary restraining order without a formal hearing in
35	29		a suit under Section 125.002 only if the person seeking the
36		-	temporary restraining order shows in a hearing that a ~~place is~~
37		-	maintained in a manner that is a common nuisance or about ~~to become~~
38		-	a common nuisance.
	30	+	temporary restraining order shows in an ex parte hearing that a
	31	+	place is maintained in a manner that is a common nuisance or about
	32	+	to become a common nuisance.
39	33		(b) A temporary restraining order issued under this section
40	34		may not last for a period of more than 14 days.
41	35		(c) A temporary restraining order issued under this section
42	36		is not:
43	37		(1) an injunctive order for the purposes of Section
44	38		125.003 or 125.045; or
45	39		(2) a determination by the court that a person is
46	40		maintaining a common nuisance for the purposes of Section 125.046.
47		-	(d) A temporary restraining order may not be issued under
48		-	this section unless the person whose conduct or omission is sought
49		-	to be restrained receives notice of the hearing.
50	41		SECTION 3. Sections 125.047(c) and (d), Civil Practice and
51	42		Remedies Code, are amended to read as follows:
52	43		(c) A municipality may [shall] create a fund as a separate
53	44		account in the treasury of the municipality.
54	45		(d) If a municipality creates a fund under this section, the
55	46		[The] fund consists of:
56	47		(1) money awarded the municipality in an action under
57	48		this chapter;
58	49		(2) money awarded the municipality under a settlement
59	50		to an action under this chapter;
60	51		(3) fines resulting from code enforcement citations
61	52		issued by the municipality for conduct defined as a common or public
62	53		nuisance under this chapter;
63	54		(4) bonds forfeited to the municipality under this
64	55		chapter; and
65	56		(5) donations or grants made to the municipality for
66	57		the purpose of nuisance abatement.
67	58		SECTION 4. Section 125.002, Civil Practice and Remedies
68	59		Code, as amended by this Act, and Section 125.0451, Civil Practice
69	60		and Remedies Code, as added by this Act, apply only to a cause of
70	61		action that accrues on or after the effective date of this Act. A
71	62		cause of action that accrues before the effective date of this Act
72	63		is governed by the law in effect immediately before the effective
73	64		date of this Act, and that law is continued in effect for that
74	65		purpose.
75	66		SECTION 5. This Act takes effect September 1, 2021.