§ 125.045.Remedies

Title 6. Miscellaneous Provisions · Chapter 125. Common and Public Nuisances · Subchapter C. Additional Nuisance Remedies · Last amended 2011 · Last verified August 29, 2026

In one sentenceSection 125.045 requires a bond of $5,000 to $10,000 with a temporary injunction, and on violation allows utility cutoff, revocation of occupancy, street closure, hour limits and lease termination.

Full Text of § 125.045

Text sizeJump to: (a) (a-1) (a-2) (b) (c)

(a)If, after notice and hearing on a request by a petitioner for a temporary injunction, a court determines that the petitioner is likely to succeed on the merits in a suit brought under Section 125.002, the court:

(1)may include in its order reasonable requirements to prevent the use or maintenance of the place as a nuisance; and

(2)shall require that the defendant execute a bond.

(a-1)The bond must:

(1)be payable to the state at the county seat of the county in which the place is located;

(2)be in the amount set by the court, but not less than $5,000 or more than $10,000;

(3)have sufficient sureties approved by the court; and

(4)be conditioned that the defendant will not knowingly maintain a common nuisance to exist at the place.

(a-2)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, an operating toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking.

(b)If, after an entry of a temporary or permanent injunction, a court determines that a condition of the injunctive order is violated, the court may:

(1)order a political subdivision to discontinue the furnishing of utility services to the place at which the nuisance exists;

(2)prohibit the furnishing of utility service to the place by any public utility holding a franchise to use the streets and alleys of the political subdivision;

(3)revoke the certificate of occupancy of the place;

(4)prohibit the use of city streets, alleys, and other public ways for access to the place during the existence of the nuisance or in furtherance of the nuisance;

(5)limit the hours of operation of the place, to the extent that the hours of operation are not otherwise specified by law;

(6)order a landlord to terminate a tenant's lease if:

(A)the landlord and the tenant are parties to the suit; and

(B)the tenant has violated a condition of the injunctive order; or

(7)order any other legal remedy available under the laws of the state.

(c)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 may 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.

End

Plain-English Summary

The remedies section, and it contains both the bond and the chapter’s heaviest sanctions.

Where a court determines after notice and hearing that a petitioner is likely to succeed on the merits, it may include reasonable requirements to prevent the use or maintenance of the place as a nuisance and shall require that the defendant execute a bond.

The bond is mandatory at the temporary injunction stage, and it is what the suit-on-bond provision later enforces.

Four conditions govern it: payable to the state at the county seat; in an amount set by the court, not less than $5,000 or more than $10,000; with sufficient sureties approved by the court; and conditioned that the defendant will not knowingly maintain a common nuisance at the place.

A hotel, motel or similar establishment faces an added condition where the alleged nuisance is prostitution or compelling prostitution: it must post in each lodging unit, near the room rate information, an operating toll-free number of a nationally recognized referral hotline for victims of human trafficking.

That condition is aimed at the guest, not the operator. It puts a number where a person held in a room can see it.

Subsection (b) supplies seven remedies for violating an injunction, and they escalate.

Order a political subdivision to discontinue utility services, and prohibit any franchised public utility from furnishing service — between them, cutting power and water.

Revoke the certificate of occupancy, which makes lawful use of the building impossible.

Prohibit the use of city streets, alleys, and other public ways for access to the place.

Limit the hours of operation, to the extent not otherwise specified by law.

Order a landlord to terminate a tenant’s lease, where both are parties and the tenant violated a condition of the order.

And order any other legal remedy available under the laws of the state.

The lease termination remedy is the most surgical of them. It removes the tenant causing the problem rather than closing the building around the other residents.

Frequently Asked Questions

Is a bond required?

Yes. On a temporary injunction the court shall require a bond of not less than $5,000 or more than $10,000.

What happens if the injunction is violated?

The court may cut off utilities, revoke the certificate of occupancy, bar street access, limit hours, order a lease terminated, or grant any other legal remedy.

What must a hotel post?

Where the alleged nuisance is prostitution or compelling prostitution, a toll-free human trafficking hotline number in each lodging unit near the room rate information.

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. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.04, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 7, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 990 (S.B. 1288), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1023 (H.B. 1551), Sec. 2, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(1), eff. September 1, 2011.

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