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.