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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. 125.046. ADDITIONAL REMEDIES; RECEIVER
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(a) If, in any judicial proceeding under Subchapter A, a court determines that a person is maintaining a multiunit residential property that is a common nuisance, the court may, on its own motion or on the motion of any party, order the appointment of a receiver to manage the property or render any other order allowed by law as necessary to abate the nuisance.
(b) A receiver appointed under this section may not be appointed for a period longer than one year.
(c) The court shall determine the management duties of the receiver, the amount to be paid the receiver, the method of payment, and the payment periods.
(d) A receiver appointed under this section shall continue to manage the property during the pendency of any appeal relating to the nuisance or the appointment of the receiver.
(e) A receiver appointed by the court may:
(1) take control of the property;
(2) collect rents due on the property;
(3) make or have made any repairs necessary to bring the property into compliance with minimum standards in local ordinances;
(4) make payments necessary for the maintenance or restoration of utilities to the properties;
(5) purchase materials necessary to accomplish repairs;
(6) renew existing rental contracts and leases;
(7) enter into new rental contracts and leases;
(8) affirm, renew, or enter into a new contract providing for insurance coverage on the property; and
(9) exercise all other authority that an owner of the property would have except for the authority to sell the property.
(f) Expenditures of monies by the receiver in excess of $10,000 under Subdivisions (3) and (5) of Subsection (e) shall require prior approval of the court.
(g) On the completion of the receivership, the receiver shall file with the court a full accounting of all costs and expenses incurred in the repairs, including reasonable costs for labor and subdivision, and all income received from the property.