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§ 125.002.Suit to Abate Certain Common Nuisances; Bond

Title 6. Miscellaneous Provisions · Chapter 125. Common and Public Nuisances · Subchapter A. Suit to Abate Certain Common Nuisances · Last amended 2021 · Last verified August 29, 2026

In one sentenceSection 125.002 authorizes the abatement suit — by an individual or any of several public attorneys — allows an action in rem, and requires a judgment to close the place for one year.

Full Text of § 125.002

Text sizeJump to: (a) (b) (c) (d) (e) (f) (f-1) (g) (h)

(a)A suit to enjoin and abate a common nuisance described by Section 125.0015(a) or (b) may be brought by an individual, by the attorney general, or by a district, county, or city attorney. The suit must be brought in the county in which it is alleged to exist against the person who is maintaining or about to maintain the nuisance. The suit must be brought in the name of the state if brought by the attorney general or a district or county attorney, in the name of the city if brought by a city attorney, or in the name of the individual if brought by a private citizen. Verification of the petition or proof of personal injury by the acts complained of need not be shown. For purposes of this subsection, personal injury may include economic or monetary loss.
(b)A person may bring a suit under Subsection (a) against any person who maintains, owns, uses, or is a party to the use of a place for purposes constituting a nuisance under this subchapter and may bring an action in rem against the place itself. A council of owners, as defined by Section 81.002, Property Code, or a unit owners' association organized under Section 82.101, Property Code, may be sued under this subsection if the council or association maintains, owns, uses, or is a party to the use of the common areas of the council's or association's condominium for purposes constituting a nuisance.
(c)Service of any order, notice, process, motion, or ruling of the court on the attorney of record of a cause pending under this subchapter is sufficient service of the party represented by an attorney.
(d)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 or more than $10,000;
(2)confinement in jail for a term of not less than 10 or more than 30 days; or
(3)both fine and confinement.
(e)If judgment is in favor of the petitioner, the court shall grant an injunction ordering the defendant to abate the nuisance and enjoining the defendant from maintaining or participating in the nuisance and may include in its order reasonable requirements to prevent the use or maintenance of the place as a nuisance. If the petitioner brings an action in rem, the judgment is a judgment in rem against the property as well as a judgment against the defendant. The judgment must order that the place where the nuisance exists be closed for one year after the date of judgment.
(f)Repealed by Acts 2007, 80th Leg., R.S., Ch. 1023, Sec. 3, eff. June 15, 2007.
(f-1)If the defendant required to execute the bond is a hotel, motel, or similar establishment that rents overnight lodging to the public and the alleged common nuisance is under Section 125.0015(a)(6) or (7), the bond must also be conditioned that the defendant will, in each of the defendant's lodging units on the premises that are the subject of the suit, post in a conspicuous place near the room rate information required to be posted under Section 2155.001, Occupations Code, a sign that includes:
(1)an operating toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking; and
(2)the contact information for reporting suspicious activity to the Department of Public Safety.
(g)In an action brought under this chapter, other than an action brought under Section 125.0025, the petitioner may file a notice of lis pendens and a certified copy of an order of the court in the office of the county clerk in each county in which the land is located. The notice of lis pendens must conform to the requirements of Section 12.007, Property Code, and constitutes notice as provided by Section 13.004, Property Code. A certified copy of an order of the court filed in the office of the county clerk constitutes notice of the terms of the order and is binding on subsequent purchasers and lienholders.
(h)A person who may bring a suit under Subsection (a) shall consider, among other factors, whether the property owner, the owner's authorized representative, or the operator or occupant of the business, dwelling, or other place where the criminal acts occurred:
(1)promptly notifies the appropriate governmental entity or the entity's law enforcement agency of the occurrence of criminal acts on the property; and
(2)cooperates with the governmental entity's law enforcement investigation of criminal acts occurring at the property.
End

Plain-English Summary

The central procedural section, and its most striking feature is who may sue.

A suit to enjoin and abate a common nuisance may be brought by an individual, by the attorney general, or by a district, county, or city attorney, in the county in which the nuisance is alleged to exist, against the person maintaining or about to maintain it.

A private citizen may bring this suit, in their own name, and verification of the petition or proof of personal injury need not be shown.

Dispensing with personal injury is what makes the private action work. A neighbour harmed by what happens down the street would struggle to plead a distinct injury, and the section removes the requirement — while adding that personal injury may include economic or monetary loss.

Subsection (b) sets out who and what may be sued. Any person who maintains, owns, uses, or is a party to the use of the place — and the place itself, in rem. A council of owners or a unit owners’ association may be sued where it maintains or uses the common areas of its condominium for such purposes.

The in rem action is what allows the closure order to bind the property rather than only the person.

Violating an injunction carries civil contempt sentences of a fine of $1,000 to $10,000, 10 to 30 days in jail, or both.

Judgment for the petitioner requires an injunction to abate, and the order must close the place for one year. That is mandatory, and it is the chapter’s most severe consequence.

Two further provisions round the section out. A lis pendens and certified copies of orders may be filed with the county clerk, binding subsequent purchasers and lienholders. And a person considering suit shall consider whether the owner or operator promptly notified law enforcement of the criminal acts and cooperated with the investigation.

That last subsection protects the cooperative owner, and the evidence section reinforces it by excluding calls for assistance as proof of toleration.

Frequently Asked Questions

Who can bring a nuisance abatement suit?

An individual, the attorney general, or a district, county or city attorney.

Does a private citizen need to prove personal injury?

No. Verification of the petition and proof of personal injury need not be shown.

What happens if the plaintiff wins?

The court grants an injunction to abate the nuisance, and the judgment must order the place closed for one year.

Can the property itself be sued?

Yes. The petitioner may bring an action in rem against the place, and the judgment is then a judgment against the property.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 959, Sec. 2, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1202, Sec. 2, eff. Sept. 1, 2003.
  • Amended by:
  • Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 3, eff. September 1, 2005.
  • Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.03, eff. September 1, 2007.
  • Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 6, eff. June 15, 2007.
  • Acts 2007, 80th Leg., R.S., Ch. 990 (S.B. 1288), Sec. 1, eff. June 15, 2007.
  • Acts 2007, 80th Leg., R.S., Ch. 1023 (H.B. 1551), Sec. 1, eff. June 15, 2007.
  • Acts 2007, 80th Leg., R.S., Ch. 1023 (H.B. 1551), Sec. 3, eff. June 15, 2007.
  • Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 4, eff. September 1, 2017.
  • Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 5, eff. September 1, 2017.
  • Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 5, eff. September 1, 2017.
  • Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 6, eff. September 1, 2017.
  • Acts 2021, 87th Leg., R.S., Ch. 280 (H.B. 3721), Sec. 3, eff. September 1, 2021.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source