§ 125.042.Request for Meeting
Title 6. Miscellaneous Provisions · Chapter 125. Common and Public Nuisances · Subchapter C. Additional Nuisance Remedies · Last amended 2003 · Last verified August 29, 2026
Full Text of § 125.042
Plain-English Summary
A neighbourhood route into the chapter, and it is the only provision that starts with residents rather than a lawsuit.
The voters of an election precinct in which a common nuisance is alleged to exist or is alleged to be likely to be created, or the voters in an adjacent election precinct, may request the district attorney, city attorney, or county attorney having geographical jurisdiction to authorize a meeting at which interested persons may state their complaints.
"Or is alleged to be likely to be created" is a notable inclusion. The petition can precede the nuisance, so residents can raise a business about to open rather than waiting for the harm.
Two signature thresholds apply, and they differ by proximity. 10 percent of the registered voters of the precinct where the nuisance is alleged, or 20 percent of the voters of the adjacent precinct.
The higher bar for neighbours is a sensible calibration. Those living with the problem need fewer signatures than those next door.
The request must be written and signed.
The prosecutor’s response is discretionary: on receiving a valid request, they may appoint a person to conduct the meeting.
So the petition compels nothing. It puts a documented, quantified complaint in front of the official who can act, which is what a scattering of individual calls does not do.
The meeting is to be held at a location as near as practical to the place complained of, which keeps it accessible to the people who signed.
Frequently Asked Questions
How do residents start this process?
By a written request to the district, city or county attorney, signed by 10 percent of the precinct’s registered voters or 20 percent of an adjacent precinct’s.
Can it be used before a nuisance exists?
Yes. The section covers a nuisance alleged to be likely to be created.
Must the attorney hold a meeting?
No. On a valid request the attorney may appoint someone to conduct it.
Amendment History
- Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987.
- Amended by Acts 2003, 78th Leg., ch. 1202, Sec. 5, eff. Sept. 1, 2003.