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.