S.B. No. 544
AN ACT
1-1 relating to the right of the attorney general to sue for forfeiture
1-2 of certain bonds and to the disposition of the bond money.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 125.003, Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 Sec. 125.003. SUIT ON BOND. (a) If a condition of a bond
1-7 filed or an injunctive order entered under this subchapter is
1-8 violated, the district, county, or city attorney of the county in
1-9 which the property is located or the attorney general shall sue on
1-10 the bond in the name of the state. In the event the attorney
1-11 general originates the <that> suit, the whole sum shall be
1-12 forfeited as a penalty to the state. In the event the suit is
1-13 originated by any office other than the attorney general, the whole
1-14 sum shall be forfeited as a penalty to the originating entity. On
1-15 violation of any condition of the bond or of the injunctive order
1-16 and subsequent to forfeiture of the bond, the place where the
1-17 nuisance exists shall be ordered closed for one year from the date
1-18 of the order of bond forfeiture.
1-19 (b) The party bringing the suit may recover reasonable
1-20 expenses incurred in prosecuting the suits authorized in Subsection
1-21 (a) including but not limited to investigative costs, court costs,
1-22 reasonable attorney's fees, witness fees, and deposition fees.
1-23 (c) A person may not continue the enjoined activity pending
2-1 appeal or trial on the merits of an injunctive order entered in a
2-2 suit brought under this subchapter. Not later than the 90th day
2-3 after the date of the injunctive order, the appropriate court of
2-4 appeals shall hear and decide an appeal taken by a party enjoined
2-5 under this subchapter. If an appeal is not taken by a party
2-6 temporarily enjoined under this article, the party is entitled to a
2-7 full trial on the merits not later than the 90th day after the date
2-8 of the temporary injunctive order.
2-9 (d) <(c)> In an action brought under this chapter, the court
2-10 may award a prevailing party reasonable attorney's fees in addition
2-11 to costs. In determining the amount of attorney's fees, the court
2-12 shall consider:
2-13 (1) the time and labor involved;
2-14 (2) the novelty and difficulty of the questions;
2-15 (3) the expertise, reputation, and ability of the
2-16 attorney; and
2-17 (4) any other factor considered relevant by the court.
2-18 (e) <(d)> Nothing herein is intended to allow a suit to
2-19 enjoin and abate a common nuisance to be brought against any
2-20 enterprise whose sole business is that of a bookstore or movie
2-21 theater.
2-22 SECTION 2. (a) The change in law made by this Act applies
2-23 only to bonds posted on or after the effective date of this Act.
2-24 (b) Bonds posted before the effective date of this Act are
2-25 covered by the law in effect when the bond was posted, and the
3-1 former law is continued in effect for this purpose.
3-2 SECTION 3. This Act takes effect September 1, 1993.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.