| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Neutral | Neutral | Neutral | Neutral | Neutral | Neutral |
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.