By De a Garza H.B. No. 1164
74R4513 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil actions to abate certain nuisances.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 125.001, Civil Practice and Remedies
1-5 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-6 857, Acts of the 73rd Legislature, Regular Session, 1993, is
1-7 amended to read as follows:
1-8 Sec. 125.001. COMMON NUISANCE. A person who knowingly
1-9 maintains a place to which persons habitually go for the purpose of
1-10 prostitution or gambling in violation of the Penal Code, for the
1-11 purpose of <reckless> discharge of a firearm in violation of
1-12 Section 22.05(b) <as described by Section 42.015>, Penal Code, for
1-13 the purpose of engaging in organized criminal activity as a member
1-14 of a combination <or as a member of a criminal street gang> as
1-15 described by Section 71.02, Penal Code, or for the delivery or use
1-16 of a controlled substance in violation of Chapter 481, Health and
1-17 Safety Code, maintains a common nuisance.
1-18 SECTION 2. Section 125.004(a), Civil Practice and Remedies
1-19 Code, is amended to read as follows:
1-20 (a) Proof that prostitution or gambling in violation of the
1-21 Penal Code, that <reckless> discharge of a firearm in violation of
1-22 Section 22.05(b) <as described by Section 42.015>, Penal Code, or
1-23 that the delivery or use of a controlled substance in violation of
1-24 Chapter 481, Health and Safety Code, is frequently committed at the
2-1 place involved or that the place is frequently used for <reckless>
2-2 discharge of a firearm in violation of Section 22.05(b) <as
2-3 described by Section 42.015>, Penal Code, is prima facie evidence
2-4 that the proprietor knowingly permitted the act.
2-5 SECTION 3. Section 125.004(b), Civil Practice and Remedies
2-6 Code, as amended by Section 3, Chapter 857, and Section 2, Chapter
2-7 968, Acts of the 73rd Legislature, Regular Session, 1993, is
2-8 amended to read as follows:
2-9 (b) Evidence that persons have been convicted of gambling,
2-10 committing prostitution, <reckless> discharge of a firearm in
2-11 violation of Section 22.05(b) <as described by Section 42.015>,
2-12 Penal Code, engaging in organized criminal activity as a member of
2-13 a combination <or a criminal street gang> as described by Section
2-14 71.02, Penal Code, or delivering or using a controlled substance in
2-15 violation of Chapter 481, Health and Safety Code, in the place
2-16 involved is admissible to show knowledge on the part of the
2-17 defendant that the act occurred. The originals or certified copies
2-18 of the papers and judgments of those convictions are admissible in
2-19 the suit for injunction, and oral evidence is admissible to show
2-20 that the offense for which a person was convicted was committed at
2-21 the place involved.
2-22 SECTION 4. Section 125.021, Civil Practice and Remedies
2-23 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
2-24 857, Acts of the 73rd Legislature, Regular Session, 1993, is
2-25 amended to read as follows:
2-26 Sec. 125.021. PUBLIC NUISANCE. The habitual use or the
2-27 threatened or contemplated habitual use of any place for any of the
3-1 following purposes is a public nuisance:
3-2 (1) gambling, gambling promotion, or communicating
3-3 gambling information prohibited by law;
3-4 (2) promotion or aggravated promotion of prostitution;
3-5 (3) compelling prostitution;
3-6 (4) commercial manufacture, commercial distribution,
3-7 or commercial exhibition of obscene material;
3-8 (5) commercial exhibition of live dances or other acts
3-9 depicting real or simulated sexual intercourse or deviate sexual
3-10 intercourse;
3-11 (6) engaging in a voluntary fight between a man and a
3-12 bull if the fight is for a thing of value or a championship, if a
3-13 thing of value is wagered on the fight, or if an admission fee for
3-14 the fight is directly or indirectly charged, as prohibited by law;
3-15 (7) <reckless> discharge of a firearm in violation of
3-16 Section 22.05(b) <as described by Section 42.015>, Penal Code; <or>
3-17 (8) <(7)> engaging in organized criminal activity as a
3-18 member of a combination <or as a member of a criminal street gang>
3-19 as described by Section 71.02, Penal Code; or
3-20 (9) <(8)> delivering or using a controlled substance
3-21 in violation of Chapter 481, Health and Safety Code.
3-22 SECTION 5. Section 125.041, Civil Practice and Remedies
3-23 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
3-24 857, Acts of the 73rd Legislature, Regular Session, 1993, is
3-25 amended to read as follows:
3-26 Sec. 125.041. PUBLIC NUISANCE. For the purposes of this
3-27 subchapter, a public nuisance is considered to exist at a place if
4-1 one or more of the following acts occurs at that place on a regular
4-2 basis:
4-3 (1) gambling, gambling promotion, or communication of
4-4 gambling information, as prohibited by Chapter 47, Penal Code;
4-5 (2) promotion or aggravated promotion of prostitution,
4-6 as prohibited by Chapter 43, Penal Code;
4-7 (3) compelling prostitution, as prohibited by Chapter
4-8 43, Penal Code;
4-9 (4) commercial manufacture, commercial distribution,
4-10 or commercial exhibition of material that is obscene, as defined by
4-11 Section 43.21, Penal Code;
4-12 (5) commercial exhibition of a live dance or other act
4-13 in which a person engages in real or simulated sexual intercourse
4-14 or deviate sexual intercourse, as defined by Section 43.01, Penal
4-15 Code;
4-16 (6) <reckless> discharge of a firearm in violation of
4-17 Section 22.05(b) <as described by Section 42.015>, Penal Code; <or>
4-18 (7) <(6)> engaging in organized criminal activity as a
4-19 member of a combination <or as a member of a criminal street gang>
4-20 as described by Section 71.02, Penal Code; or
4-21 (8) <(7)> manufacture, delivery, or use of a
4-22 controlled substance in violation of Chapter 481, Health and Safety
4-23 Code.
4-24 SECTION 6. (a) This Act takes effect September 1, 1995.
4-25 (b) This Act applies only to conduct that occurs on or after
4-26 the effective date of this Act, except that evidence of conduct
4-27 that occurred before the effective date of this Act may be
5-1 considered for the purpose of determining whether persons
5-2 habitually go to a place to discharge a firearm or whether a place
5-3 is habitually used to discharge a firearm. Conduct that occurred
5-4 before the effective date of this Act is governed by the law as it
5-5 existed immediately before the effective date of this Act and that
5-6 law is continued in effect for that purpose.
5-7 SECTION 7. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.