| 1 | 1 | | 87R742 BRG-F |
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| 2 | 2 | | By: Blanco S.B. No. 1066 |
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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 common and public nuisances. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 125.002, Civil Practice and Remedies |
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| 10 | 10 | | Code, is amended by adding Subsection (c-1) and amending Subsection |
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| 11 | 11 | | (d) to read as follows: |
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| 12 | 12 | | (c-1) A court may issue a temporary restraining order, |
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| 13 | 13 | | temporary injunction, or permanent injunction in a suit under this |
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| 14 | 14 | | section. |
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| 15 | 15 | | (d) A person who violates a temporary restraining order, |
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| 16 | 16 | | temporary injunction, or permanent injunction issued [injunctive |
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| 17 | 17 | | order] under this subchapter is subject to the following sentences |
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| 18 | 18 | | for civil contempt: |
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| 19 | 19 | | (1) a fine of not less than $1,000 or more than |
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| 20 | 20 | | $10,000; |
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| 21 | 21 | | (2) confinement in jail for a term of not less than 10 |
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| 22 | 22 | | or more than 30 days; or |
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| 23 | 23 | | (3) both fine and confinement. |
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| 24 | 24 | | SECTION 2. Subchapter C, Chapter 125, Civil Practice and |
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| 25 | 25 | | Remedies Code, is amended by adding Section 125.0451 to read as |
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| 26 | 26 | | follows: |
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| 27 | 27 | | Sec. 125.0451. TEMPORARY RESTRAINING ORDER. (a) A court |
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| 28 | 28 | | may issue a temporary restraining order without a formal hearing in |
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| 29 | 29 | | a suit under Section 125.002 only if the person seeking the |
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| 30 | 30 | | temporary restraining order shows in an ex parte hearing that a |
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| 31 | 31 | | place is maintained in a manner that is a common nuisance or about |
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| 32 | 32 | | to become a common nuisance. |
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| 33 | 33 | | (b) A temporary restraining order issued under this section |
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| 34 | 34 | | may not last for a period of more than 14 days. |
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| 35 | 35 | | (c) A temporary restraining order issued under this section |
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| 36 | 36 | | is not: |
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| 37 | 37 | | (1) an injunctive order for the purposes of Section |
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| 38 | 38 | | 125.003 or 125.045; or |
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| 39 | 39 | | (2) a determination by the court that a person is |
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| 40 | 40 | | maintaining a common nuisance for the purposes of Section 125.046. |
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| 41 | 41 | | SECTION 3. Sections 125.047(c) and (d), Civil Practice and |
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| 42 | 42 | | Remedies Code, are amended to read as follows: |
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| 43 | 43 | | (c) A municipality may [shall] create a fund as a separate |
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| 44 | 44 | | account in the treasury of the municipality. |
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| 45 | 45 | | (d) If a municipality creates a fund under this section, the |
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| 46 | 46 | | [The] fund consists of: |
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| 47 | 47 | | (1) money awarded the municipality in an action under |
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| 48 | 48 | | this chapter; |
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| 49 | 49 | | (2) money awarded the municipality under a settlement |
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| 50 | 50 | | to an action under this chapter; |
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| 51 | 51 | | (3) fines resulting from code enforcement citations |
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| 52 | 52 | | issued by the municipality for conduct defined as a common or public |
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| 53 | 53 | | nuisance under this chapter; |
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| 54 | 54 | | (4) bonds forfeited to the municipality under this |
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| 55 | 55 | | chapter; and |
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| 56 | 56 | | (5) donations or grants made to the municipality for |
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| 57 | 57 | | the purpose of nuisance abatement. |
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| 58 | 58 | | SECTION 4. Section 125.002, Civil Practice and Remedies |
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| 59 | 59 | | Code, as amended by this Act, and Section 125.0451, Civil Practice |
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| 60 | 60 | | and Remedies Code, as added by this Act, apply only to a cause of |
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| 61 | 61 | | action that accrues on or after the effective date of this Act. A |
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| 62 | 62 | | cause of action that accrues before the effective date of this Act |
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| 63 | 63 | | is governed by the law in effect immediately before the effective |
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| 64 | 64 | | date of this Act, and that law is continued in effect for that |
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| 65 | 65 | | purpose. |
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| 66 | 66 | | SECTION 5. This Act takes effect September 1, 2021. |
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