Texas § HS.343.013 - INJUNCTION

§ HS.343.013. INJUNCTION

INJUNCTION. (a) A county or district court may by injunction prevent, restrain, abate, or otherwise remedy a violation of this chapter in the unincorporated area of the county. (b) A county or a person affected or to be affected by a violation under this chapter, including a property owner, resident of a neighborhood, or organization of property owners or residents of a neighborhood, may bring suit under Subsection (a). If the court grants the injunction, the court may award the plaintiff reasonable attorney's fees and court costs. (c) A county may bring suit under this section to prohibit or control access to the premises to prevent a continued or future violation of Section 343.011 (c)(1), (6), (9), or (10). The court may grant relief under this subsection only if the county demonstrates that: (1) the person responsible for causing the public nuisance has not responded sufficiently to previous attempts to abate a nuisance on the premises, if the relief sought prohibits or controls access of a person other than the owner; or (2) the owner of the premises knew about the nuisance and has not responded sufficiently to previous attempts to abate a nuisance on the premises, if the relief sought controls access of the owner. (d) In granting relief under Subsection (c), the court: (1) may not, in a suit brought under Section 343.011 (c)(10), prohibit or control access by the owner or operator of a utility line or utility easement to that utility line or utility easement; and (2) may not prohibit the owner of the premises from accessing the property but may prohibit a continued or future violation. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by: Acts 2005, 79th Leg., Ch. 1050 (H.B. 1287 ), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 388 (S.B. 680 ), Sec. 2, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1366 (H.B. 3581 ), Sec. 3, eff. June 15, 2007. SUBCHAPTER C. COUNTY AUTHORITY RELATING TO NUISANCE