Tex. Codes » Local Government Code · TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY · CHAPTER 217. MUNICIPAL REGULATION OF NUISANCES AND DISORDERLY CONDUCT
Texas Codes

Tex. Loc. Gov't Code § 217.042 (2026)

Nuisance

✓ current as of May 2026
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Sec. 217.042. NUISANCE. (a) Except as provided by Subsection (c), the municipality may define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the limits.

(b) The municipality may enforce all ordinances necessary to prevent and summarily abate and remove a nuisance.

(c) The municipality may not define and prohibit as a nuisance the sale of fireworks or similar materials outside the limits of the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1212 (S.B. 1593), Sec. 1, eff. September 1, 2015.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: 2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney Gen. Kenneth Paxton (In His Off. Capacity), Acting Texas Comptroller of Pub. Accounts Kelly Hancock (In His Off. Capacity), & the Off. of the Texas Comptroller of Pub. Accounts (Tex. App. 2025).
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2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney Gen. Kenneth Paxton (In His Off. Capacity), Acting Texas Comptroller of Pub. Accounts Kelly Hancock (In His Off. Capacity), & the Off. of the Texas Comptroller of Pub. Accounts (Tex. App. 2025). “") (current version at Tex. Loc. Gov't Code § 217.042). 7 See Municipal Annexation Act, 58th Leg.”
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