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
2-35 -------------------------------------------------------------------
2-36 Name: Demetri Anastasiadis x
2-37 Representing: Att'y Gen
2-38 City: Austin
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