ENVIRONMENTAL & PUBLIC NUISANCE HEARINGS
There are certain actions/situations that are considered public nuisances. In some circumstances, a county may abate (eliminate or remedy) a public nuisance if it adopts and follows abatement procedures that are in line with Chapter 343 of the Health and Safety Code.
Before a county may abate a nuisance, however, it must generally provide a hearing if one is requested. A justice of the peace is one of the people who might be able to preside over such a hearing. The role of the court in this hearing is to determine whether a nuisance has occurred and whether the county has the authority to abate the nuisance; and if so, to assess certain costs/fees in favor of the county. Health and Safety Code § 343.021(a), 343.022, 343.023.
HANDGUN LICENSE DENIAL/SUSPENSION/REVOCATION PROCEEDINGS
A person’s license to carry a handgun can be denied, suspended, or revoked by DPS. If this occurs, the person may request a hearing. A justice of the peace will conduct the hearing and either affirm the denial/suspension/revocation or order the license issued or returned. These proceedings are governed by Subchapter H of Chapter 411 of the Government Code.
A tow hearing is a hearing in justice court requested by an owner or operator whose vehicle was towed or booted without their consent. The purpose of the hearing is to determine whether the vehicle should have been towed or booted and whether either party owes the other any money. These proceedings are covered by Chapter 2308 of the Occupations Code.