Texas Civil Practice and Remedies Code

§ 125.002 — SUIT TO ABATE CERTAIN COMMON NUISANCES; BOND

CP § 125.002Title 6. MISCELLANEOUS PROVISIONS · Ch. 125. COMMON AND PUBLIC NUISANCES · Art. A. SUIT TO ABATE CERTAIN COMMON NUISANCES

Statute text

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(a)A suit to enjoin and abate a common nuisance described by Section 125.0015(a) or (b) may be brought by an individual, by the attorney general, or by a district, county, or city attorney. The suit must be brought in the county in which it is alleged to exist against the person who is maintaining or about to maintain the nuisance. The suit must be brought in the name of the state if brought by the attorney general or a district or county attorney, in the name of the city if brought by a city attorney, or in the name of the individual if brought by a private citizen. Verification of the petition or proof of personal injury by the acts complained of need not be shown. For purposes of this subsection, personal injury may include economic or monetary loss.

(b)A person may bring a suit under Subsection (a) against any person who maintains, owns, uses, or is a party to the use of a place for purposes constituting a nuisance under this subchapter and may bring an action in rem against the place itself. A council of owners, as defined by Section 81.002, Property Code, or a unit owners' association organized under Section 82.101, Property Code, may be sued under this subsection if the council or association maintains, owns, uses, or is a party to the use of the common areas of the council's or association's condominium for purposes constituting a nuisance.

(c)Service of any order, notice, process, motion, or ruling of the court on the attorney of record of a cause pending under this subchapter is sufficient service of the party represented by an attorney.

(d)A person who violates a temporary or permanent injunctive order under this subchapter is subject to the following sentences for civil contempt:

(1)a fine of not less than $1,000 or more than $10,000;

(2)confinement in jail for a term of not less than 10 or more than 30 days; or

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Legislative history

Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 3, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.03, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 6, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 990 (S.B. 1288), Sec. 1, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1023 (H.B. 1551), Sec. 1, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1023 (H.B. 1551), Sec. 3, eff. June 15, 2007. Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 4, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 5, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 5, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 6, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 280 (H.B. 3721), Sec. 3, eff. September 1, 2021.