1-1  By:  Ellis                                             S.B. No. 544
    1-2        (In the Senate - Filed March 2, 1993; March 2, 1993, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  April 27, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 5, Nays 0; April 27, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Henderson          x                               
   1-10        Harris of Tarrant  x                               
   1-11        Brown                                          x   
   1-12        Harris of Dallas   x                               
   1-13        Luna               x                               
   1-14        Parker                                         x   
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR S.B. No. 544        By:  Harris of Tarrant
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the right of the attorney general to sue for forfeiture
   1-20  of certain bonds and to the disposition of the bond money.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 125.003, Civil Practice and Remedies
   1-23  Code, is amended to read as follows:
   1-24        Sec. 125.003.  SUIT ON BOND.  (a)  If a condition of a bond
   1-25  filed or an injunctive order entered under this subchapter is
   1-26  violated, the district, county, or city attorney of the county in
   1-27  which the property is located or the attorney general shall sue on
   1-28  the bond in the name of the state.  In the event the attorney
   1-29  general originates the suit <that suit>, the whole sum shall be
   1-30  forfeited as a penalty to the state.  In the event the suit is
   1-31  originated by any office other than the attorney general, the whole
   1-32  sum shall be forfeited as a penalty to the originating entity.  On
   1-33  violation of any condition of the bond or of the injunctive order
   1-34  and subsequent to forfeiture of the bond, the place where the
   1-35  nuisance exists shall be ordered closed for one year from the date
   1-36  of the order of bond forfeiture.
   1-37        (b)  The party bringing the suit may recover reasonable
   1-38  expenses incurred in prosecuting the suits authorized in Subsection
   1-39  (a) including but not limited to investigative costs, court costs,
   1-40  reasonable attorney's fees, witness fees, and deposition fees.
   1-41        (c)  A person may not continue the enjoined activity pending
   1-42  appeal or trial on the merits of an injunctive order entered in a
   1-43  suit brought under this subchapter.  Not later than the 90th day
   1-44  after the date of the injunctive order, the appropriate court of
   1-45  appeals shall hear and decide an appeal taken by a party enjoined
   1-46  under this subchapter.  If an appeal is not taken by a party
   1-47  temporarily enjoined under this article, the party is entitled to a
   1-48  full trial on the merits not later than the 90th day after the date
   1-49  of the temporary injunctive order.
   1-50        (d) <(c)>  In an action brought under this chapter, the court
   1-51  may award a prevailing party reasonable attorney's fees in addition
   1-52  to costs.  In determining the amount of attorney's fees, the court
   1-53  shall consider:
   1-54              (1)  the time and labor involved;
   1-55              (2)  the novelty and difficulty of the questions;
   1-56              (3)  the expertise, reputation, and ability of the
   1-57  attorney; and
   1-58              (4)  any other factor considered relevant by the court.
   1-59        (e) <(d)>  Nothing herein is intended to allow a suit to
   1-60  enjoin and abate a common nuisance to be brought against any
   1-61  enterprise whose sole business is that of a bookstore or movie
   1-62  theater.
   1-63        SECTION 2.  (a)  The change in law made by this Act applies
   1-64  only to bonds posted on or after the effective date of this Act.
   1-65        (b)  Bonds posted before the effective date of this Act are
   1-66  covered by the law in effect when the bond was posted, and the
   1-67  former law is continued in effect for this purpose.
   1-68        SECTION 3.  This Act takes effect September 1, 1993.
    2-1        SECTION 4.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.
    2-6                               * * * * *
    2-7                                                         Austin,
    2-8  Texas
    2-9                                                         April 27, 1993
   2-10  Hon. Bob Bullock
   2-11  President of the Senate
   2-12  Sir:
   2-13  We, your Committee on Jurisprudence to which was referred S.B. No.
   2-14  544, have had the same under consideration, and I am instructed to
   2-15  report it back to the Senate with the recommendation that it do not
   2-16  pass, but that the Committee Substitute adopted in lieu thereof do
   2-17  pass and be printed.
   2-18                                                         Henderson,
   2-19  Chairman
   2-20                               * * * * *
   2-21                               WITNESSES
   2-22                                                  FOR   AGAINST  ON
   2-23  ___________________________________________________________________
   2-24  Name:  Bridget Robinson                                        x
   2-25  Representing:  Att'y General
   2-26  City:  Austin
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   2-28  Name:  William O. Towery                                       x
   2-29  Representing:  Att'y Gen
   2-30  City:  Austin
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   2-32  Name:  Terry A. Nichols                          x
   2-33  Representing:  San Marcos Police Dept.
   2-34  City:  San Marcos
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   2-36  Name:  Demetri Anastasiadis                                    x
   2-37  Representing:  Att'y Gen
   2-38  City:  Austin
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