Tex.
Health & Safety Code Section 343.013
Injunction
(a)
A county or district court may by injunction prevent, restrain, abate, or otherwise remedy a violation of this chapter in the unincorporated area of the county.(b)
A county or a person affected or to be affected by a violation under this chapter, including a property owner, resident of a neighborhood, or organization of property owners or residents of a neighborhood, may bring suit under Subsection (a). If the court grants the injunction, the court may award the plaintiff reasonable attorney’s fees and court costs.(c)
A county may bring suit under this section to prohibit or control access to the premises to prevent a continued or future violation of Section 343.011 (Public Nuisance)(c)(1), (6), (9), or (10). The court may grant relief under this subsection only if the county demonstrates that:(1)
the person responsible for causing the public nuisance has not responded sufficiently to previous attempts to abate a nuisance on the premises, if the relief sought prohibits or controls access of a person other than the owner; or(2)
the owner of the premises knew about the nuisance and has not responded sufficiently to previous attempts to abate a nuisance on the premises, if the relief sought controls access of the owner.(d)
In granting relief under Subsection (c), the court:(1)
may not, in a suit brought under Section 343.011 (Public Nuisance)(c)(10), prohibit or control access by the owner or operator of a utility line or utility easement to that utility line or utility easement; and(2)
may not prohibit the owner of the premises from accessing the property but may prohibit a continued or future violation.
Source:
Section 343.013 — Injunction, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.343.htm#343.013 (accessed Jun. 5, 2024).
