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§ 125.043.Notice

Title 6. Miscellaneous Provisions · Chapter 125. Common and Public Nuisances · Subchapter C. Additional Nuisance Remedies · Last amended 1987 · Last verified August 29, 2026

In one sentenceSection 125.043 lets the attorney post and publish notice of the meeting and serve it personally on the owner and operator.

Full Text of § 125.043

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The district attorney, city attorney, or county attorney receiving the request may:
(1)post notice of the purpose, time, and place of the meeting at either the county courthouse of the county or the city hall of the city in which the place that is the subject of the complaints is located and publish the notice in a newspaper of general circulation published in that county or city; and
(2)serve the notice, by personal service, to the owner and the operator of the place.
End

Plain-English Summary

Notice of the meeting, in two forms serving two different audiences.

The attorney receiving the request may give notice in either or both of two ways.

Public notice: post notice of the purpose, time, and place of the meeting at either the county courthouse or the city hall where the place complained of is located, and publish the notice in a newspaper of general circulation in that county or city.

That reaches the neighbourhood, which is the point of a meeting at which interested persons state their complaints.

Personal notice: serve the notice, by personal service, to the owner and the operator of the place.

The distinction between owner and operator is deliberate throughout this chapter. The person running the business and the person who owns the building are frequently different, and the nuisance findings can reach either.

Personal service on both is what makes the meeting fair. A proceeding that may lead to a suit against them should not be conducted without their knowing.

Every verb here is permissive. The attorney may post, publish, and serve — so notice is not a precondition of the meeting or of what follows.

That is consistent with what the meeting is. It is an information-gathering exercise leading to a report, not a hearing that decides anything; the decisions come in a lawsuit, with its own service and notice.

An attorney intending to rely on the meeting would nonetheless give notice, since an owner who was never told will say so when the findings are used.

Frequently Asked Questions

How is notice of the meeting given?

By posting at the courthouse or city hall and publishing in a newspaper, and by personal service on the owner and operator.

Is notice required?

No. The section is permissive throughout.

Why serve both owner and operator?

They are frequently different people, and the nuisance findings can reach either.

Amendment History

  • Added by Acts 1987, 70th Leg., ch. 959, Sec. 7, eff. Sept. 1, 1987.
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