By Martin H.B. No. 1904 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the forfeiture of bond in common nuisance to allow the 1-3 attorney general to sue for forfeiture of bond and forfeited bond 1-4 money to be collected by the State of Texas. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 125.003(a), Texas Civil Practice and 1-7 Remedies Code, is amended to read as follows: 1-8 Sec. 125.003. Suit on Bond. 1-9 (a) If a condition of a bond filed or an injunctive order 1-10 entered under this subchapter is violated, the district attorney, 1-11 or city attorney of the county in which the property is located, or 1-12 the attorney general shall sue on the bond in the name of the 1-13 state. In that suit, the whole sum shall be forfeited as a penalty 1-14 to the state. On violation of any condition of the bond or of the 1-15 injunctive order and subsequent to forfeiture of the bond, the 1-16 place where the nuisance exists shall be ordered closed for one 1-17 year from the date of the order of bond forfeiture. 1-18 (b) A person may not continue the enjoined activity pending 1-19 appeal or trial on the merits of an injunctive order entered in a 1-20 suit brought under this subchapter. Not later than the 90th day 1-21 after the date of the injunctive order, the appropriate court of 1-22 appeals shall hear and decide an appeal taken by a party enjoined 1-23 under this subchapter. If an appeal is not taken by a party 2-1 temporarily enjoined under this article, the party is entitled to a 2-2 full trial on the merits not later than the 90th day after the date 2-3 of the temporary injunctive order. 2-4 (c) In an action brought under this chapter, the court may 2-5 award a prevailing party reasonable attorney's fees in addition to 2-6 costs. In determining the amount of attorney's fees, the court 2-7 shall consider: 2-8 (1) the time and labor involved; 2-9 (2) the novelty and difficulty of the questions; 2-10 (3) the expertise, reputation, and ability of the 2-11 attorney; and 2-12 (4) any other factor considered relevant to the court. 2-13 SECTION 2. (a) The change in law made by this Act applies 2-14 only to bonds posted in accordance with Section 125.003(a) of the 2-15 Civil Practice and Remedies Code on or after the date of this Act. 2-16 (b) Bonds posted before this Act in accordance with Section 2-17 125.003(a) of the Civil Practice and Remedies Code are covered by 2-18 the former law in effect for this purpose. 2-19 SECTION 3. This Act takes effect September 1, 1993. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended, 2-25 and that this Act take effect and be in force from and after its 3-1 passage, and it is so enacted.