Texas Civil Practice And Remedies Code Title 6, Chapter 125 - Common And Public Nuisances

SUBCHAPTER A SUIT TO ABATE CERTAIN COMMON NUISANCES

• Texas Section 125.001 - Definitions
  In this chapter: (1) "Common nuisance" is a nuisance described by Section 125.0015. (2) "Public nuisance" is a nuisance described by Section 125.062 or 125.063....
• Texas Section 125.0015 - Common Nuisance
  Sec. 125.0015. COMMON NUISANCE. (a) A person who maintains a place to which persons habitually go for the following purposes and who knowingly tolerates the...
• Texas Section 125.002 - Suit To Abate Common Nuisance; Bond
  (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,...
• Texas Section 125.003 - Suit On Bond
  (a) If a condition of a bond filed or an injunctive order entered under this subchapter is violated, the district, county, or city attorney of...

SUBCHAPTER C ADDITIONAL NUISANCE REMEDIES

• Texas Section 125.004 - Evidence
  (a) Proof that an activity described by Section 125.0015 is frequently committed at the place involved or that the place is frequently used for an...
• Texas Section 125.042 - Request For Meeting
  (a) The voters of an election precinct in which a common nuisance is alleged to exist or is alleged to be likely to be created,...
• Texas Section 125.043 - Notice
  The district attorney, city attorney, or county attorney receiving the request may: (1) post notice of the purpose, time, and place of the meeting at...
• Texas Section 125.044 - Findings
  (a) After the meeting, the person appointed to conduct the meeting shall report the findings to the district attorney, city attorney, or county attorney who...
• Texas Section 125.045 - Remedies
  (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...
• Texas Section 125.046 - Additional Remedies; Receiver
  (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...

SUBCHAPTER D MEMBERSHIP IN CRIMINAL STREET GANG

• Texas Section 125.047 - Nuisance Abatement Fund
  (a) In this section: (1) "Fund" means a nuisance abatement fund. (2) "Nuisance abatement" means an activity taken by a municipality to reduce the occurrences...
• Texas Section 125.061 - Definitions
  In this subchapter: (1) "Combination" and "criminal street gang" have the meanings assigned by Section 71.01, Penal Code. (2) "Continuously or regularly" means at least...
• Texas Section 125.062 - Public Nuisance; Combination
  A combination or criminal street gang that continuously or regularly associates in gang activities is a public nuisance. Added by Acts 1993, 73rd Leg., ch....
• Texas Section 125.063 - Public Nuisance; Use Of Place
  The habitual use of a place by a combination or criminal street gang for engaging in gang activity is a public nuisance. Added by Acts...
• Texas Section 125.064 - Suit To Abate Nuisance
  (a) A district, county, or city attorney, the attorney general, or a resident of the state may sue to enjoin a public nuisance under this...
• Texas Section 125.065 - Court Order
  (a) If the court finds that a combination or criminal street gang constitutes a public nuisance, the court may enter an order: (1) enjoining a...
• Texas Section 125.066 - Violation Of Court Order
  A person who violates a temporary or permanent injunctive order under this subchapter is subject to the following sentences for civil contempt: (1) a fine...
• Texas Section 125.067 - Continuation Of Activities Pending Trial Or Appeal; Appeal
  (a) A person may not continue the enjoined activity pending trial or appeal on the merits of an injunctive order in a suit brought under...
• Texas Section 125.0675 - Injunction For Specified Period
  In addition to any other order that may be issued under this subchapter or other law, a court of appeals or a trial court acting...
• Texas Section 125.068 - Attorney's Fees
  In an action brought under this subchapter, the court may award a prevailing party reasonable attorney's fees and costs. Added by Acts 1993, 73rd Leg.,...
• Texas Section 125.069 - Use Of Place; Evidence
  In an action brought under this subchapter, proof that gang activity by a member of a combination or a criminal street gang is frequently committed...
• Texas Section 125.070 - Civil Action For Violation Of Injunction
  (a) In this section, "governmental entity" means a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district,...

Last modified: September 28, 2016