Bill Text: TX HB2631 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the remedies available to a person to abate a public nuisance in a municipality.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB2631 Detail]
Download: Texas-2017-HB2631-Introduced.html
| 85R12098 SCL-D | ||
| By: Dutton | H.B. No. 2631 | |
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| relating to the remedies available to a person to abate a public | ||
| nuisance in a municipality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 125, Civil Practice and Remedies Code, | ||
| is amended by adding Subchapter B to read as follows: | ||
| SUBCHAPTER B. ADDITIONAL REMEDIES IN MUNICIPALITY | ||
| Sec. 125.021. ADDITIONAL REMEDIES IN MUNICIPALITY. (a) In | ||
| addition to the other remedies available under this chapter, | ||
| residents of a municipality by petition may require the | ||
| municipality to file suit to take remedial action against an | ||
| alleged public nuisance that is occurring in the municipality. The | ||
| suit may be brought only in a county in which the nuisance occurs. | ||
| (b) A petition authorized by Subsection (a) must: | ||
| (1) be signed by a number of registered voters of the | ||
| voting precinct in which the alleged nuisance is located equal to at | ||
| least 20 percent of the number of voters who voted in the precinct | ||
| in the most recent general election for state and county officers; | ||
| (2) allege that the activity that is the subject of the | ||
| petition is occurring within the boundaries of the voting precinct | ||
| and within 1,000 feet of a residence; and | ||
| (3) be submitted to the governing body of the | ||
| municipality. | ||
| (c) Not later than the 30th day after the date the petition | ||
| is submitted to the governing body of the municipality, the | ||
| municipal secretary or another officer performing the duties of the | ||
| municipal secretary shall certify in writing to the governing body | ||
| whether the petition is valid or invalid. | ||
| (d) If the petition is determined invalid under Subsection | ||
| (c), the officer shall state all reasons for that determination. | ||
| (e) The municipality shall initiate a suit as provided by | ||
| Subsection (a) if: | ||
| (1) the petition is determined valid under Subsection | ||
| (c); and | ||
| (2) the governing body of the municipality determines | ||
| that the allegation made in the petition under Subsection (b)(2) is | ||
| true. | ||
| (f) The governing body of the municipality shall consider | ||
| the allegation and make or reject a determination under Subsection | ||
| (e)(2) before the 60th day after the date the governing body | ||
| receives the certification of a valid petition. | ||
| (g) If the court determines that the alleged nuisance that | ||
| is the object of the suit is a public nuisance and a threat to the | ||
| public health or welfare of the residents of the municipality, the | ||
| court may order the municipality to: | ||
| (1) warn any person who uses or is about to use the | ||
| premises for the purposes constituting the nuisance that the use | ||
| constitutes a public nuisance; | ||
| (2) investigate whether the municipality should file a | ||
| suit under this subchapter or other law to abate the nuisance; | ||
| (3) purchase property on which a use that constitutes | ||
| the public nuisance has occurred; or | ||
| (4) exercise the power of eminent domain to acquire | ||
| the property on which a use that constitutes the public nuisance has | ||
| occurred. | ||
| (h) Before ordering relief under Subsection (g)(3) or (4), | ||
| the court must find that the acquisition of the property by the | ||
| municipality serves a public purpose of the municipality. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
