Title CP, Civil Practice and Remedies Code

Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES. (a) A suit to declare that a person operating a web address or computer network is maintaining a common nuisance may be brought by an individual, by the attorney general, or by a district, county, or city attorney. (b) Exce…

Sec. 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 the county in which the property is located or the attorney general shall sue on the bond in the name of the …

Sec. 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 activity described by Section 125.0015 is prima facie evidence that the defendant knowingly tolerated the act…

Sec. 125.005. ATTORNEY'S FEES AND COSTS IN ACTION UNDER CHAPTER. In an action brought under this chapter, the court may award a prevailing party reasonable attorney's fees in addition to costs incurred in bringing the action. In determining the amount of attorney's fees, the cour…

Sec. 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, or the voters in an adjacent election precinct, may request the district attorney, city attorney, or county attorney …

Sec. 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 either the county courthouse of the county or the city hall of the city in which the place that is the subje…

Sec. 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 appointed the person. The district attorney, city attorney, or county attorney, on finding by the a…

Sec. 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 succeed on the merits in a suit brought under Section 125.002, the court: (1) may include in its order reasonable …

Sec. 125.046. ADDITIONAL REMEDIES; RECEIVER. (a) If, in any judicial proceeding under Subchapter A, a court determines that a person is maintaining a vacant lot, vacant or abandoned building, or multiunit residential property that is a common nuisance, the court may, on its own m…

Sec. 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 of a common or public nuisance. (b) This section applies only to a municipality wit…

Sec. 125.061. DEFINITIONS. In this subchapter: (1) "Combination," "criminal street gang," and "foreign terrorist organization" have the meanings assigned by Section 71.01, Penal Code. (2) "Continuously or regularly" means at least five times in a period of not more than 12 months…

Sec. 125.062. PUBLIC NUISANCE; COMBINATION. A combination, criminal street gang, or foreign terrorist organization that continuously or regularly associates in gang activities is a public nuisance. Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993. Amended by Act…

Sec. 125.063. PUBLIC NUISANCE; USE OF PLACE. The habitual use of a place by a combination, criminal street gang, or foreign terrorist organization for engaging in gang activity is a public nuisance. Added by Acts 1993, 73rd Leg., ch. 968, Sec. 3, eff. Aug. 30, 1993. Amended by Ac…

Sec. 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 subchapter. (b) Any person who habitually associates with others to engage in gang activity as a member …

Sec. 125.065. COURT ORDER. (a) If the court finds that a combination, criminal street gang, or foreign terrorist organization constitutes a public nuisance, the court may enter an order: (1) enjoining a defendant in the suit from engaging in the gang activities of the combination…

Sec. 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 of not less than $1,000 nor more than $10,000; (2) confinement in jail for a term of …

Sec. 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 this subchapter. (b) Not later than the 90th day after the date of th…

Sec. 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 under Section 125.067(b) or (c) may issue an injunctive order under this subchapter stating that the in…

Sec. 125.069. USE OF PLACE; EVIDENCE. In an action brought under this subchapter, proof that gang activity by a member of a combination, a criminal street gang, or a foreign terrorist organization is frequently committed at a place or proof that a place is frequently used for eng…

Sec. 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, drainage district, irrigation district…