BILL ANALYSIS

Civil Practices Committee

By: Hochberg
03-20-95
4-25-95

BACKGROUND

State law provides a civil remedy against the owners of property
that are the site of certain habitual criminal activity. Where
continuous occurrences of drug dealing, prostitution, gambling and
certain other crimes exist, a suit may be brought asking a state
district court to declare the place to be a common or public
nuisance. When such a finding is made by a court, the property is
ordered vacated and closed. The judge may allow the property to
remain in use and require the owner to post a bond. In the case of
further criminal activity, the bond is forfeited and the property
is closed. This statute can be used against crime-ridden apartment
properties where, in many cases, only a few residents are involved
in criminal activity. The lack of a remedy short of vacating and
closing the entire property, however, allows a judge to take action
only at the expense of ordering innocent families out of their
homes.

PURPOSE

H.B. 2042 would provide the additional judicial remedy of
receivership for a nuisance apartment property. Instead of ordering
an apartment property vacated, a judge could elect to appoint a
receiver to manage the property for up to one year.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION-BY-SECTION ANALYSIS

     SECTION 1. Amends Section 125.041, Civil Practice and Remedies
Code, to delete repetition of common and public nuisance
definitions found earlier in the code. "Multi-unit residential
property" is defined as improved dwelling property with at least
three dwelling units. The term does not include a property where
each dwelling unit is occupied by the owner of the property or
single family home.

     SECTION 2. Subchapter C, Chapter 125, Civil Practice and
Remedies Code, is amended by adding Section 125.046 to (a) allow
the additional remedy of receivership for multi-unit residential
properties only. (b) The receiver serves for up to one year. (c)
Duties and pay are decided by the court. (d) The receiver is to
remain in place during any appeal.

     SECTION 3. This Act applies to a nuisance that exists on or
after the effective date of this Act, without regard to whether the
nuisance activity began previously.

     SECTION 4. Emergency clause - Effective Immediately.

SUMMARY OF COMMITTEE ACTION
H.B. 2042 was considered in a public hearing on March 22, 1995. The
following individuals testified in support of the bill: Andrew
Teas, representing the Houston Apartment Association, Inc.; Scott
Forbes, representing the Mayor and City Council of Houston; and
David Mintz, representing the Texas Apartment Association. No one
testified in opposition to or neutrally on the bill. The bill was
left pending. The bill was considered during a formal meeting on
April 24, 1995. The bill was reported favorably without amendment,
with the recommendation that it do pass, be printed and be sent to
the Committee on Local and Consent Calendars, by a record vote of
eight ayes, zero nays, zero pnv and one absent.