By:  Bailey                                            H.B. No. 186
       73R1513 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to civil remedies for certain public nuisances.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section  125.021, Civil Practice and Remedies
    1-5  Code, is amended to read as follows:
    1-6        Sec. 125.021.  Public Nuisance.  (a)  The habitual use or the
    1-7  threatened or contemplated habitual use of any place for any of the
    1-8  following purposes is a public nuisance:
    1-9              (1)  gambling, gambling promotion, or communicating
   1-10  gambling information prohibited by law;
   1-11              (2)  promotion or aggravated promotion of prostitution;
   1-12              (3)  compelling prostitution;
   1-13              (4)  commercial manufacture, commercial distribution,
   1-14  or commercial exhibition of obscene material;
   1-15              (5)  commercial exhibition of live dances or other acts
   1-16  depicting real or simulated sexual intercourse or deviate sexual
   1-17  intercourse;
   1-18              (6)  engaging in a voluntary fight between a man and a
   1-19  bull if the fight is for a thing of value or a championship, if a
   1-20  thing of value is wagered on the fight, or if an admission fee for
   1-21  the fight is directly or indirectly charged, as prohibited by law;
   1-22  <or>
   1-23              (7)  delivering or using a controlled substance in
   1-24  violation of Chapter 481, Health and Safety Code;
    2-1              (8)  discharging a firearm;
    2-2              (9)  using a deadly weapon for an unlawful purpose,
    2-3  including frightening, harming, or threatening to harm a person; or
    2-4              (10)  displaying a firearm or deadly weapon in a manner
    2-5  intended to alarm a person.
    2-6        (b)  Use of a place for discharging a firearm or displaying a
    2-7  firearm or deadly weapon is not a public nuisance if the firearm is
    2-8  discharged or displayed or the deadly weapon is displayed during
    2-9  the course of:
   2-10              (1)  wildlife hunting authorized by law;
   2-11              (2)  the official law enforcement duties of a law
   2-12  enforcement officer;
   2-13              (3)  the provision of security services authorized
   2-14  under the Private Investigators and Private Security Agencies Act
   2-15  (Article 4413(29bb), Vernon's Texas Civil Statutes); or
   2-16              (4)  any other activity in which the discharge or
   2-17  display of a firearm or the display of a deadly weapon is
   2-18  authorized by law.
   2-19        (c)  This section does not apply to discharge of a firearm on
   2-20  a bona fide firing range, skeet shooting range, or other sport
   2-21  shooting range.
   2-22        (d)  In this section:
   2-23              (1)  "Firearm" has the meaning assigned by Section
   2-24  46.01, Penal Code.
   2-25              (2)  "Deadly weapon" includes a club, explosive weapon,
   2-26  knife, knuckles, or hoax bomb as those terms are defined by Section
   2-27  46.01, Penal Code.
    3-1        SECTION 2.  Section 125.041, Civil Practice and Remedies
    3-2  Code, is amended to read as follows:
    3-3        Sec. 125.041.  Public Nuisance.  (a)  For the purposes of
    3-4  this subchapter, a public nuisance is considered to exist at a
    3-5  place if one or more of the following acts occurs at that place on
    3-6  a regular basis:
    3-7              (1)  gambling, gambling promotion, or communication of
    3-8  gambling information, as prohibited by Chapter 47, Penal Code;
    3-9              (2)  promotion or aggravated promotion of prostitution,
   3-10  as prohibited by Chapter 43, Penal Code;
   3-11              (3)  compelling prostitution, as prohibited by Chapter
   3-12  43, Penal Code;
   3-13              (4)  commercial manufacture, commercial distribution,
   3-14  or commercial exhibition of material that is obscene, as defined by
   3-15  Section 43.21, Penal Code;
   3-16              (5)  commercial exhibition of a live dance or other act
   3-17  in which a person engages in real or simulated sexual intercourse
   3-18  or deviate sexual intercourse, as defined by Section 43.01, Penal
   3-19  Code; <or>
   3-20              (6)  manufacture, delivery, or use of a controlled
   3-21  substance in violation of Chapter 481, Health and Safety Code;
   3-22              (7)  discharging a firearm;
   3-23              (8)  using a deadly weapon for an unlawful purpose,
   3-24  including frightening, harming, or threatening to harm a person; or
   3-25              (9)  displaying a firearm or deadly weapon in a manner
   3-26  intended to alarm a person.
   3-27        (b)  Use of a place for discharging a firearm or displaying a
    4-1  firearm or deadly weapon is not a public nuisance if the firearm is
    4-2  discharged or displayed or the deadly weapon is displayed during
    4-3  the course of:
    4-4              (1)  wildlife hunting authorized by law;
    4-5              (2)  the official law enforcement duties of a law
    4-6  enforcement officer;
    4-7              (3)  the provision of security services authorized
    4-8  under the Private Investigators and Private Security Agencies Act
    4-9  (Article 4413(29bb), Vernon's Texas Civil Statutes); or
   4-10              (4)  any other activity in which the discharge or
   4-11  display of a firearm or the display of a deadly weapon is
   4-12  authorized by law.
   4-13        (c)  This section does not apply to discharge of a firearm on
   4-14  a bona fide firing range, skeet shooting range, or other sport
   4-15  shooting range.
   4-16        (d)  In this section:
   4-17              (1)  "Firearm" has the meaning assigned by Section
   4-18  46.01, Penal Code.
   4-19              (2)  "Deadly weapon" includes a club, explosive weapon,
   4-20  knife, knuckles, or hoax bomb as those terms are defined by Section
   4-21  46.01, Penal Code.
   4-22        SECTION 3.  Subchapter C, Chapter 125, Civil Practice and
   4-23  Remedies Code, is amended by adding Section 125.046 to read as
   4-24  follows:
   4-25        Sec. 125.046.  ADDITIONAL REMEDIES; RECEIVER.  (a)  If, in
   4-26  any judicial proceeding under this subchapter, a court determines
   4-27  that a person is maintaining a place at which a public nuisance
    5-1  exists or existed, the court may, on its own motion or on the
    5-2  motion of any party, render any order reasonable and necessary to
    5-3  abate the nuisance or to prevent incidents relating to the public
    5-4  nuisance from reoccurring, including the appointment of a receiver
    5-5  to manage the place at which the public nuisance exists or existed.
    5-6        (b)  A receiver appointed under this section may not be
    5-7  appointed for a period longer than one year.
    5-8        (c)  The court shall determine the management duties of the
    5-9  receiver, the amount to be paid the receiver, and the payment
   5-10  periods.  The receiver shall be paid out of money deposited into
   5-11  the registry of the court by the owner of the place at which the
   5-12  public nuisance exists or existed.
   5-13        SECTION 4.  This Act applies only to a cause of action that
   5-14  accrues on or after the effective date of this Act.  An action that
   5-15  accrued before the effective date of this Act is governed by the
   5-16  law in effect at the time the action accrued, and that law is
   5-17  continued in effect for that purpose.
   5-18        SECTION 5.  The importance of this legislation and the
   5-19  crowded condition of the calendars in both houses create an
   5-20  emergency and an imperative public necessity that the
   5-21  constitutional rule requiring bills to be read on three several
   5-22  days in each house be suspended, and this rule is hereby suspended,
   5-23  and that this Act take effect and be in force from and after its
   5-24  passage, and it is so enacted.