1. (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 shall require that the defendant execute a bond. The bond must:

   1. (1) be payable to the state at the county seat of the county in which the place is located;
   2. (2) be in the amount set by the court, but not less than $5,000 or more than $10,000;
   3. (3) have sufficient sureties approved by the court; and
   4. (4) be conditioned that the defendant will not knowingly maintain a common nuisance to exist at the place.

2. (b) If any party to a court case fails to cease and desist creating and maintaining a common nuisance within the time allowed by the court, a political subdivision may:

   1. (1) discontinue the furnishing of utility services by the political subdivision to the place at which the nuisance exists;
   2. (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. (3) revoke the certificate of occupancy of the place;
   4. (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; and
   5. (5) use any other legal remedy available under the laws of the state.
3. (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.

Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987.

Amended by Acts 2003, 78th Leg., ch. 1202, Sec. 6, eff. Sept. 1, 2003.

Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.04, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 990 (S.B. 1288), Sec. 2, eff. June 15, 2007.