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Relating to common and public nuisances.
No significant fiscal implication to the State is anticipated.
HB 167 would permit a court to issue a temporary restraining order, temporary injunction, or permanent injunction in a common nuisance action. Violators would be subject to the existing penalties. The court would be able to issue a temporary restraining order without a hearing if the person seeking the order shows that the relevant place is maintained as a common nuisance or about to become one. Such orders could not last longer than 14 days.
HB 167 would also remove the requirement that municipalities create a separate nuisance abatement fund, instead only permitting them to do so.
Texas Action is neutral on HB 167 as it does not touch directly upon any of our Liberty Principles. We have some concerns about private property rights and due process with a hearing being held without both sides present, however, because it is a temporary restraining order with a limited time frame, we remain neutral.