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.