Enrolled Bill Summary

            Senate Bill 1010 amends provisions of the Civil Practice and Remedies Code relating to common and public nuisances. The bill allows a person to bring a suit against a person who maintains, owns, uses, or is a party to the use of a place constituting a common nuisance, and an action against the place itself. The bill provides that a person who violates a temporary or permanent injunctive order under such suit may be subject to a fine, confinement, or both. The bill authorizes the court to include in its injunctive order reasonable requirements to prevent the use or maintenance of the place as a common nuisance. The bill establishes that evidence that a person has been arrested for, rather than convicted of, an activity constituting a common nuisance offense on the property is admissible to show the defendant had knowledge that the act occurred. If it is determined after notice and a hearing that the petitioner is likely to succeed with the request for a temporary injunction, the court is required to direct the defendant to execute a bond. The bill authorizes the district, county, or city attorney or the attorney general to sue if a condition of the bond or the injunctive order is violated.

            The bill authorizes a municipality with a population of 1.5 million or more to create a nuisance abatement fund and provides that the money in the fund may be used for compensation for nuisance abatement or enforcement personnel and the hiring of additional personnel for nuisance abatement.

            The bill amends the definition of "gang activity," replaces "organized criminal activities" with "gang activities" in the public nuisance provisions, and authorizes a court to issue an order to prevent a combination or gang from engaging in future gang activities.