BILL ANALYSIS


                                                        H.B. 2042
                                              By: Hochberg (West)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

State law provides a civil remedy against the owners of property
that is 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 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

As proposed, H.B. 2042 authorizes the court to appoint a receiver
to manage a multiunit residential property if a public nuisance
exists at the property.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 125.041, Civil Practice and Remedies
Code, as follows:

     Sec. 125.041.  New heading:  DEFINITIONS.  Defines "common
     nuisance," "public nuisance," and "multiunit residential
     property."  Deletes existing section regarding circumstances
     considered to be a public nuisance.
     
     SECTION 2.     Amends Chapter 125C, Civil Practice and Remedies Code,
by adding Section 125.046, as follows:

     Sec. 125.046.  ADDITIONAL REMEDIES; RECEIVER.  (a) Authorizes
     the court, if a court determines that a person is maintaining
     a multiunit residential property (property) that is a common
     nuisance or a residence at which a public nuisance exists, to
     order the appointment of a receiver to manage the property or
     render any other order to abate the nuisance.
     
     (b) Prohibits a receiver from being appointed for a period
       longer than one year.
       
       (c) Requires the court to determine the management duties of
       the receiver, and the amount, the method, and the frequency
       of payments.
       
       (d) Requires a receiver to continue to manage the property
       during the pendency of any appeal relating to the nuisance
       or the appointment of the receiver.
     SECTION 3.     Makes application of this Act prospective.

SECTION 4. Emergency clause.
           Effective date: upon passage.