Nuisance Abatement Manual - 2005 - Texas Attorney General

Who can be sued?
• Owner(s) of real property
• Owner(s) of the business
• Lessee/renter of the property
• Manager of the property
• Management company
• The real property itself (in rem suit)
• Any combination of the above
How long will the property be closed if the lawsuit goes to trial and it is determined
that the property is a nuisance?
• Under Chapter 125 of the Texas Civil Practice & Remedies Code, the property
must be closed for a period of one year.
• Under Section 101.70 of the Texas Alcoholic Beverage Code, the property
must be closed for a period of up to one year.
What can the owner do to prevent the property from being closed once a judgment
is entered to close the property?
• Under Chapter 125 of the Texas Civil Practice & Remedies Code, the defendant
can post a penal surety or cash bond of $10,000 for a common nuisance.
• Under Section 101.70 of the Texas Alcoholic Beverage Code, the defendant can
post a penal surety or cash bond of at least $1,000 for a common nuisance.
For the definition of a common nuisance as defined by Section 101.70 of the
Texas Alcoholic Beverage Code, see Attachment B.
What happens if the defendant fails to post a bond and/or violates a temporary or permanent
injunctive order and the illegal activities continue to take place on the property?
For a common nuisance, the defendant is subject to the following:
• Loss of bond through forfeiture
• Property closure for up to one year
• Fine of not less than $1,000 nor more than $10,000
• Confinement in jail for a term of not less than 10 nor more than 30 days
• Both fine and confinement
For a public nuisance (gang abatement), the defendant is subject to the following
sentences for civil contempt:
• Fine of not less than $1,000 nor more than $10,000
• Confinement in jail for a term of not less than 10 nor more than 30 days
• Both fine and confinement
Nuisance Abatement Manual
2005 Fourteenth Edition
4
Office of the Attorney General
Criminal Law Enforcement Division