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Texas Statutes (Last Updated: January 4, 2014) |
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CIVIL PRACTICE AND REMEDIES CODE |
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Title 6. MISCELLANEOUS PROVISIONS |
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Chapter 125. COMMON AND PUBLIC NUISANCES |
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Subchapter C. ADDITIONAL NUISANCE REMEDIES |
Sec. 125.045. REMEDIES
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(a) If, after notice and hearing on a request by a petitioner for a temporary injunction, a court determines that the petitioner is likely to succeed on the merits in a suit brought under Section 125.002, the court:
(1) may include in its order reasonable requirements to prevent the use or maintenance of the place as a nuisance; and
(2) shall require that the defendant execute a bond.
(a-1) The bond must:
(1) be payable to the state at the county seat of the county in which the place is located;
(2) be in the amount set by the court, but not less than $5,000 or more than $10,000;
(3) have sufficient sureties approved by the court; and
(4) be conditioned that the defendant will not knowingly maintain a common nuisance to exist at the place.
(a-2) If the defendant required to execute the bond is a hotel, motel, or similar establishment that rents overnight lodging to the public and the alleged common nuisance is under Section 125.0015(a)(6) or (7), the bond must also be conditioned that the defendant will, in each of the defendant's lodging units on the premises that are the subject of the suit, post in a conspicuous place near the room rate information required to be posted under Section 2155.001, Occupations Code, an operating toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking.
(b) If, after an entry of a temporary or permanent injunction, a court determines that a condition of the injunctive order is violated, the court may:
(1) order a political subdivision to discontinue the furnishing of utility services to the place at which the nuisance exists;
(2) prohibit the furnishing of utility service to the place by any public utility holding a franchise to use the streets and alleys of the political subdivision;
(3) revoke the certificate of occupancy of the place;
(4) prohibit the use of city streets, alleys, and other public ways for access to the place during the existence of the nuisance or in furtherance of the nuisance;
(5) limit the hours of operation of the place, to the extent that the hours of operation are not otherwise specified by law;
(6) order a landlord to terminate a tenant's lease if:
(A) the landlord and the tenant are parties to the suit; and
(B) the tenant has violated a condition of the injunctive order; or
(7) order any other legal remedy available under the laws of the state.
(c) If a condition of a bond filed or an injunctive order entered under this subchapter is violated, the district, county, or city attorney of the county in which the property is located or the attorney general may sue on the bond in the name of the state. In the event the attorney general originates the suit, the whole sum shall be forfeited as a penalty to the state. In the event the suit is originated by any office other than the attorney general, the whole sum shall be forfeited as a penalty to the originating entity.