By Shapiro S.B. No. 308
74R3018 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to civil actions for public nuisances involving public
1-3 lewdness and indecent exposure.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 125.001, Civil Practice and Remedies
1-6 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-7 857, Acts of the 73rd Legislature, Regular Session, 1993, is
1-8 amended to read as follows:
1-9 Sec. 125.001. COMMON NUISANCE. A person maintains a common
1-10 nuisance if the person <who> knowingly maintains a place to which
1-11 individuals <persons> habitually go for the purpose of:
1-12 (1) prostitution or gambling in violation of the Penal
1-13 Code;<, for the purpose of reckless discharge of a firearm as
1-14 described by Section 42.015, Penal Code, for the purpose of>
1-15 (2) engaging in organized criminal activity as a
1-16 member of a combination <or as a member of a criminal street gang>
1-17 as described by Section 71.02, Penal Code;<, or for>
1-18 (3) the delivery or use of a controlled substance in
1-19 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. Section 125.021, Civil Practice and Remedies
1-23 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-24 857, Acts of the 73rd Legislature, Regular Session, 1993, is
2-1 amended to read as follows:
2-2 Sec. 125.021. PUBLIC NUISANCE. The habitual use or the
2-3 threatened or contemplated habitual use of any place for any of the
2-4 following purposes is a public nuisance:
2-5 (1) gambling, gambling promotion, or communicating
2-6 gambling information prohibited by law;
2-7 (2) promotion or aggravated promotion of prostitution;
2-8 (3) compelling prostitution;
2-9 (4) commercial manufacture, commercial distribution,
2-10 or commercial exhibition of obscene material;
2-11 (5) commercial exhibition of live dances or other acts
2-12 depicting real or simulated sexual intercourse or deviate sexual
2-13 intercourse;
2-14 (6) public lewdness or indecent exposure in violation
2-15 of the Penal Code;
2-16 (7) engaging in a voluntary fight between a man and a
2-17 bull if the fight is for a thing of value or a championship, if a
2-18 thing of value is wagered on the fight, or if an admission fee for
2-19 the fight is directly or indirectly charged, as prohibited by law;
2-20 (8) <(7) reckless discharge of a firearm as described
2-21 by Section 42.015, Penal Code; or>
2-22 <(7)> engaging in organized criminal activity as a
2-23 member of a combination <or as a member of a criminal street gang>
2-24 as described by Section 71.02, Penal Code; or
2-25 (9) <(8)> delivering or using a controlled substance
2-26 in violation of Chapter 481, Health and Safety Code.
2-27 SECTION 3. This Act takes effect September 1, 1995, and
3-1 applies only to a cause of action that accrues on or after that
3-2 date. An action that accrued before the effective date of this Act
3-3 is governed by the law applicable to the action immediately before
3-4 the effective date of this Act, and that law is continued in effect
3-5 for that purpose.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.