BILL ANALYSIS



S.B. 1090
By: Whitmire (Bosse)
May 11, 1995
Committee Report (Unamended)


BACKGROUND

Article 125.001 of the Texas Civil Practice and Remedies Code
allows a governmental body to sue a property owner who maintains a
gang hangout frequented by individual gang members under the theory
that repeated crimes at a location are a public nuisance.  The same
article is used regarding crack houses.  A district court can
render an order disallowing both criminal and non-criminal behavior
by gang members at that location under this article.

PURPOSE

As proposed, C.S.S.B. 1090 creates an offense for violation of a
temporary or permanent order and  provides a criminal penalty.

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 Chapter 71, Penal Code, by adding Section 71.021,
as follows:

     Sec. 71.021.  VIOLATION OF COURT ORDER ENJOINING ORGANIZED
     CRIMINAL ACTIVITY. (a)  Provides that a person commits  an
     offense if the person knowingly violates a temporary or
     permanent order issued under Section 125.065(a) or (b), Civil
     Practice and Remedies Code.
     
     (b)  Authorizes the actor to be prosecuted under either
       section or both sections if conduct constituting an offense
       under this section also constitutes an offense under another
       section of this code.
       
       (c)  Provides that an offense under this section is a Class
       A misdemeanor.
       
SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 1090 was considered by the full committee in a formal meeting on
May 11, 1995.  SB 1090 was reported favorably without amendment,
with the recommendation that it do pass and be printed, by a record
vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.