By: Shapiro S.B. No. 308
A BILL TO BE ENTITLED
AN ACT
1-1 relating to civil actions for public nuisances involving public
1-2 lewdness and indecent exposure.
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, 1993, is amended to read as
1-7 follows:
1-8 Sec. 125.001. COMMON NUISANCE. A person maintains a common
1-9 nuisance if the person <who> knowingly maintains a place to which
1-10 individuals <persons> habitually go for the purpose of:
1-11 (1) prostitution or gambling in violation of the Penal
1-12 Code;
1-13 (2) <, for the purpose of reckless discharge of a
1-14 firearm as described by Section 42.015, Penal Code, for the purpose
1-15 of> engaging in organized criminal activity as a member of a
1-16 combination <or as a member of a criminal street gang> as described
1-17 by Section 71.02, Penal Code;
1-18 (3) <, or for> the delivery or use of a controlled
1-19 substance in violation of Chapter 481, Health and Safety Code; or
1-20 (4) public lewdness or indecent exposure in violation
1-21 of the Penal Code<, maintains a common nuisance>.
1-22 SECTION 2. Subsection (a), Section 125.004, Civil Practice
1-23 and Remedies Code, is amended to conform to Sections 1.01 and
1-24 13.02, Chapter 900, Acts of the 73rd Legislature, 1993, and amended
2-1 to read as follows:
2-2 (a) Proof that prostitution or gambling in violation of the
2-3 Penal Code, that public lewdness or indecent exposure in violation
2-4 of the <that reckless discharge of a firearm as described by
2-5 Section 42.015,> Penal Code, or that the delivery or use of a
2-6 controlled substance in violation of Chapter 481, Health and Safety
2-7 Code, is frequently committed at the place involved <or that the
2-8 place is frequently used for reckless discharge of a firearm as
2-9 described by Section 42.015, Penal Code,> is prima facie evidence
2-10 that the proprietor knowingly permitted the act.
2-11 SECTION 3. Subsection (b), Section 125.004, Civil Practice
2-12 and Remedies Code, as amended by Section 3, Chapter 857, and
2-13 Section 2, Chapter 968, Acts of the 73rd Legislature, 1993, is
2-14 amended to conform to Sections 1.01 and 13.02, Chapter 900, Acts of
2-15 the 73rd Legislature, 1993, and amended to read as follows:
2-16 (b) Evidence that persons have been convicted of gambling,
2-17 committing prostitution, public lewdness, indecent exposure,
2-18 <reckless discharge of a firearm as described by Section 42.015,
2-19 Penal Code,> engaging in organized criminal activity as a member of
2-20 a combination <or a criminal street gang> as described by Section
2-21 71.02, Penal Code, or delivering or using a controlled substance in
2-22 violation of Chapter 481, Health and Safety Code, in the place
2-23 involved is admissible to show knowledge on the part of the
2-24 defendant that the act occurred. The originals or certified copies
2-25 of the papers and judgments of those convictions are admissible in
2-26 the suit for injunction, and oral evidence is admissible to show
2-27 that the offense for which a person was convicted was committed at
3-1 the place involved.
3-2 SECTION 4. Section 125.021, Civil Practice and Remedies
3-3 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
3-4 857, Acts of the 73rd Legislature, 1993, is amended to read as
3-5 follows:
3-6 Sec. 125.021. PUBLIC NUISANCE. The habitual use or the
3-7 threatened or contemplated habitual use of any place for any of the
3-8 following purposes is a public nuisance:
3-9 (1) gambling, gambling promotion, or communicating
3-10 gambling information prohibited by law;
3-11 (2) promotion or aggravated promotion of prostitution;
3-12 (3) compelling prostitution;
3-13 (4) commercial manufacture, commercial distribution,
3-14 or commercial exhibition of obscene material;
3-15 (5) commercial exhibition of live dances or other acts
3-16 depicting real or simulated sexual intercourse or deviate sexual
3-17 intercourse;
3-18 (6) public lewdness or indecent exposure in violation
3-19 of the Penal Code;
3-20 (7) engaging in a voluntary fight between a man and a
3-21 bull if the fight is for a thing of value or a championship, if a
3-22 thing of value is wagered on the fight, or if an admission fee for
3-23 the fight is directly or indirectly charged, as prohibited by law;
3-24 (8) <(7) reckless discharge of a firearm as described
3-25 by Section 42.015, Penal Code; or>
3-26 <(7)> engaging in organized criminal activity as a
3-27 member of a combination <or as a member of a criminal street gang>
4-1 as described by Section 71.02, Penal Code; or
4-2 (9) <(8)> delivering or using a controlled substance
4-3 in violation of Chapter 481, Health and Safety Code.
4-4 SECTION 5. Section 125.041, Civil Practice and Remedies
4-5 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
4-6 857, Acts of the 73rd Legislature, 1993, is amended to conform to
4-7 Sections 1.01 and 13.02, Chapter 900, Acts of the 73rd Legislature,
4-8 1993, and amended to read as follows:
4-9 Sec. 125.041. Public Nuisance. For the purposes of this
4-10 subchapter, a public nuisance is considered to exist at a place if
4-11 one or more of the following acts occurs at that place on a regular
4-12 basis:
4-13 (1) gambling, gambling promotion, or communication of
4-14 gambling information, as prohibited by Chapter 47, Penal Code;
4-15 (2) promotion or aggravated promotion of prostitution,
4-16 as prohibited by Chapter 43, Penal Code;
4-17 (3) compelling prostitution, as prohibited by Chapter
4-18 43, Penal Code;
4-19 (4) commercial manufacture, commercial distribution,
4-20 or commercial exhibition of material that is obscene, as defined by
4-21 Section 43.21, Penal Code;
4-22 (5) commercial exhibition of a live dance or other act
4-23 in which a person engages in real or simulated sexual intercourse
4-24 or deviate sexual intercourse, as defined by Section 43.01, Penal
4-25 Code;
4-26 <(6) reckless discharge of a firearm as described by
4-27 Section 42.015, Penal Code; or>
5-1 (6) engaging in organized criminal activity as a
5-2 member of a combination <or as a member of a criminal street gang>
5-3 as described by Section 71.02, Penal Code; <or>
5-4 (7) public lewdness or indecent exposure in violation
5-5 of the Penal Code; or
5-6 (8) manufacture, delivery, or use of a controlled
5-7 substance in violation of Chapter 481, Health and Safety Code.
5-8 SECTION 6. This Act takes effect September 1, 1995, and
5-9 applies only to a cause of action that accrues on or after that
5-10 date. An action that accrued before the effective date of this Act
5-11 is governed by the law applicable to the action immediately before
5-12 the effective date of this Act, and that law is continued in effect
5-13 for that purpose.
5-14 SECTION 7. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.