Text of section effective on September 01, 2017

1. (a) A suit to enjoin and abate a common nuisance 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.
2. (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.
3. (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.

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

   1. (1) a fine of not less than $1,000 or more than $10,000;
   2. (2) confinement in jail for a term of not less than 10 or more than 30 days; or
   3. (3) both fine and confinement.
5. (e) If judgment is in favor of the petitioner, the court shall grant an injunction ordering the defendant to abate the nuisance and enjoining the defendant from maintaining or participating in the nuisance and may include in its order reasonable requirements to prevent the use or maintenance of the place as a nuisance. If the petitioner brings an action in rem, the judgment is a judgment in rem against the property as well as a judgment against the defendant. The judgment must order that the place where the nuisance exists be closed for one year after the date of judgment unless the defendant or the real property owner, lessee, or tenant of the property posts bond.

6. (f) The bond must:

   1. (1) be payable to the state at the county seat of the county in which the nuisance exists;
   2. (2) be in the penal sum of $10,000;

7. (g) In an action brought under this chapter, the petitioner may file a notice of lis pendens and a certified copy of an order of the court in the office of the county clerk in each county in which the land is located. The notice of lis pendens must conform to the requirements of Section 12.007, Property Code, and constitutes notice as provided by Section 13.004, Property Code. A certified copy of an order of the court filed in the office of the county clerk constitutes notice of the terms of the order and is binding on subsequent purchasers and lienholders.

   1. (3) have sufficient sureties approved by the court; and
   2. (4) be conditioned that the property will not be used or permitted to be used for prostitution or gambling in violation of the Penal Code or for delivery, possession, manufacture, or use of a controlled substance in violation of Chapter 481, Health and Safety Code.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 959, Sec. 2, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991;

Acts 2003, 78th Leg., ch. 1202, Sec. 2, eff. Sept. 1, 2003.

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. 990 (S.B. 1288), Sec. 1, 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.