BILL ANALYSIS



C.S.S.B. 308
By: Shapiro (Hunter, T.)
May 19, 1995
Committee Report (Substituted)


BACKGROUND

Offenses for public lewdness and indecent exposure frequently occur
in the vicinity of establishments that deal with sexually oriented
material. The establishments are not included in the civil
statutes, which does not give law enforcement a means to deal with
the situation.

PURPOSE
As proposed, S.B. 308 provides that a person maintains a common
nuisance if the person knowingly maintains a place to which
individuals habitually go for public lewdness or indecent exposure. 

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 125.001, Civil Practice and Remedies
Code, to add public lewdness, obscene activity (Section 43.25,
43.251, and 43.26 of the Penal Code), indecent exposure, and the
possession and manufacture of controlled substances to the list of
offenses which compromise "common nuisance" for purposes of
nuisance abatement. Deletes references to reckless discharge of
arms.

SECTION 2.  Amends Subsection (c) of Section 125.002 of the Civil
Practice and Remedies Code, to make conforming changes.

SECTION 3.  Amends Subsection (d) of Section 125.003 of the Civil
Practices and Remedies Code to include "investigative costs" in the
list of items that a judge may award.

SECTION 4.  Amends Subsection (a) of Section 125.004 of the Civil
Practice and Remedies Code, to make conforming changes.

SECTION 5.  Amends Subsection (b) of section 125.004 of the Civil
Practice and Remedies Code, to make conforming changes.

SECTION 6.  Amends Subchapter A, Chapter 125 by adding a new
section to require that written notice be provided to property
owners at least 30 days prior to all suits brought under Chapter
125.

SECTION 7.  Amends section 125.021, Civil Practice and remedies
Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
857, Acts of the 73rd Legislature, Regular Session, 1993, to make
conforming changes.

SECTION 8.  Amends Section 125.041, Civil Practice and Remedies
Code, to make conforming changes.

SECTION 9.  Appropriates to the attorney general all fees assesses
and penalties recovered in obtaining any administrative, civil, or
criminal penalties authorized under the chapter amended by this
act.


SECTION 10.  This act takes effect on September 1, 1995.
           
SECTION 11.  Declares an emergency.


COMPARISON OF ORIGINAL TO SUBSTITUTE

Adds manufacturing and possession of controlled substances and
certain obscenity offenses (those which relate to child
pornography) to the list of offenses which constitute a nuisance.

Adds investigative costs to list of items a judge may award.

Requires that written notification be provided to the owners of the
property at least 30 days prior to the suit being filed.

SUMMARY OF COMMITTEE ACTION

S.B. 308 was considered by the Committee on Civil Practices during
a public hearing on May 10, 1995. The following individuals
testified in support of the bill: Robin B. Page, representing
herself and the City of Dallas Police Department; Patrick Michalec,
representing himself and the City of San Antonio Police Department;
Twana Simpson, representing herself and the City of Fort Worth
Police Department; Gary S. Beck, representing himself and the City
of Dallas Police Department; Raymond J. Ball, representing himself
and the City of Dallas Police Department; Elvin Burns, representing
himself and the City of San Antonio Police Department; and Russell
B. Peters, representing himself and the City of San Antonio Police
Department. The following individuals testified neutrally on the
bill: Thomas J. Patterson, representing the Texas Attorney Generals
Office. The following individuals testified in opposition to the
bill: Bettie Naylor, representing the First Amendment Coalition of
Texas; Victor Gonzales, representing the First Amendment Coalition
of Texas; and Karol Rice, representing the First Amendment
Coalition of Texas. The committee considered a complete committee
substitute, which was adopted without objection. The chair left the
bill pending. S.B. 308 was considered by the Civil Practices
Committee in a formal meeting on May 18, 1995. The bill was
reported favorably, as substituted, with the recommendation that it
do pass and be printed, by a record vote of seven ayes, zero nays,
zero pnv, and two absent.