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.