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§ 125.003.Suit on 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 125.003 requires suit on a forfeited bond, closes the place for a year after forfeiture, allows recovery of expenses, and puts appeals and trials on a 90-day clock.

Full Text of § 125.003

Text sizeJump to: (a) (b) (c) (d) (e)

(a)If a condition of a bond filed or an injunctive order entered under this subchapter is violated, the district, county, or city attorney of the county in which the property is located or the attorney general shall sue on the bond in the name of the state. In the event the attorney general originates the suit, the whole sum shall be forfeited as a penalty to the state. In the event the suit is originated by any office other than the attorney general, the whole sum shall be forfeited as a penalty to the originating entity. On violation of any condition of the bond or of the injunctive order and subsequent to forfeiture of the bond, the place where the nuisance exists shall be ordered closed for one year from the date of the order of bond forfeiture.
(b)The party bringing the suit may recover reasonable expenses incurred in prosecuting the suits authorized in Subsection (a) including but not limited to investigative costs, court costs, reasonable attorney's fees, witness fees, and deposition fees.
(c)A person may not continue the enjoined activity pending appeal or trial on the merits of an injunctive order entered in a suit brought under this subchapter. Not later than the 90th day after the date of the injunctive order, the appropriate court of appeals shall hear and decide an appeal taken by a party enjoined under this subchapter. If an appeal is not taken by a party temporarily enjoined under this article, the parties are entitled to a full trial on the merits not later than the 90th day after the date of the temporary injunctive order.
(d)Repealed by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540 ), Sec. 62(2), eff. September 1, 2021.
(e)Nothing herein is intended to allow a suit to enjoin and abate a common nuisance to be brought against any enterprise whose sole business is that of a bookstore or movie theater.
End

Plain-English Summary

Enforcement after an order is broken, plus the chapter’s expedited timetable.

Where a condition of a bond or an injunctive order is violated, the district, county, or city attorney or the attorney general shall sue on the bond in the name of the state.

The verb is "shall", so this is a duty rather than an option.

The whole sum is forfeited as a penalty — to the state where the attorney general originates the suit, and to the originating entity where any other office does.

Directing the forfeiture to the office that brought the case is a deliberate incentive, and in the largest municipalities it feeds the nuisance abatement fund the chapter separately creates.

On forfeiture, the place shall be ordered closed for one year from the date of the forfeiture order. That is the same closure the original judgment carries, running again from the breach.

The party bringing the suit may recover reasonable expenses, including investigative costs, court costs, reasonable attorney’s fees, witness fees, and deposition fees.

Subsection (c) is the timetable, and it is unusually tight. A person may not continue the enjoined activity pending appeal or trial on the merits; a court of appeals shall hear and decide an appeal within 90 days of the injunctive order; and where no appeal is taken, the parties are entitled to a full trial on the merits within 90 days of the temporary order.

The first clause is the significant one. An injunction under this chapter is not suspended by appealing it, so a place stays closed while the appeal is heard — which is why the 90-day deadlines exist.

Subsection (e) preserves one exemption: nothing allows an abatement suit against any enterprise whose sole business is that of a bookstore or movie theater.

That carve-out answers a First Amendment concern about closing a business that sells or shows expression, and it is confined to enterprises whose sole business is that.

Frequently Asked Questions

What happens if an injunction is violated?

The prosecuting attorney or attorney general must sue on the bond, the whole sum is forfeited, and the place is closed for one year from the forfeiture order.

Can the activity continue during an appeal?

No. The enjoined activity may not continue pending appeal or trial, and the appeal must be decided within 90 days.

Are bookstores and cinemas covered?

No suit may be brought against an enterprise whose sole business is a bookstore or movie theater.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 959, Sec. 3, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 822, Sec. 1, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 1202, Sec. 3, eff. Sept. 1, 2003.
  • Amended by:
  • Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 62(2), 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