BILL ANALYSIS


                                                     C.S.S.B. 308
                                                      By: Shapiro
                                                 Criminal Justice
                                                          4-11-95
                                   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
abatement statutes, which does not give law enforcement a means to
deal with the situation.

PURPOSE

As proposed, C.S.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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 125.001, Civil Practice and Remedies
Code, as follows:

     Sec. 125.001.  COMMON NUISANCE.  Provides that a person
     maintains a common nuisance if the person knowingly maintains
     a place to which individuals habitually go for the purpose of,
     among others, public lewdness or indecent exposure.
     
SECTION 2. Amends Section 125.004(a), Civil Practice and Remedies
Code, to conform to Sections 1.01 and 13.02, Chapter 900 (S.B.
1067), Acts of the 73rd Legislature, Regular Session, 1993, to
provide that proof that prostitution or gambling in violation of
the Penal Code, that public lewdness or indecent exposure in
violation of the Penal Code, or that delivery or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code, is frequently committed at the place involved is prima facie
evidence that the proprietor knowingly permitted the act.  Deletes
reference to reckless discharge of a firearm.

SECTION 3. Amends Section 125.004(b), Civil Practice and Remedies
Code, to conform to Sections 1.01 and 13.02, Chapter 900 (S.B.
1067), Acts of the 73rd Legislature, Regular Session, 1993, to make
conforming changes.

SECTION 4.  Amends Section 125.021, Civil Practice and Remedies
Code, to make conforming changes.

SECTION 5. Amends Section 125.041, Civil Practice and Remedies
Code, to conform to Sections 1.01 and 13.02, Chapter 900 (S.B.
1067), Acts of the 73rd Legislature, Regular Session, 1993, to make
conforming changes.

SECTION 6. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 7. Emergency clause.