1-1 By: Shapiro S.B. No. 308
1-2 (In the Senate - Filed January 24, 1995; January 25, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 7, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 7, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 308 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to civil actions for public nuisances involving public
1-11 lewdness and indecent exposure.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 125.001, Civil Practice and Remedies
1-14 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-15 857, Acts of the 73rd Legislature, 1993, is amended to read as
1-16 follows:
1-17 Sec. 125.001. COMMON NUISANCE. A person maintains a common
1-18 nuisance if the person <who> knowingly maintains a place to which
1-19 individuals <persons> habitually go for the purpose of:
1-20 (1) prostitution or gambling in violation of the Penal
1-21 Code;
1-22 (2) <, for the purpose of reckless discharge of a
1-23 firearm as described by Section 42.015, Penal Code, for the purpose
1-24 of> engaging in organized criminal activity as a member of a
1-25 combination <or as a member of a criminal street gang> as described
1-26 by Section 71.02, Penal Code;
1-27 (3) <, or for> the delivery or use of a controlled
1-28 substance in violation of Chapter 481, Health and Safety Code; or
1-29 (4) public lewdness or indecent exposure in violation
1-30 of the Penal Code<, maintains a common nuisance>.
1-31 SECTION 2. Subsection (a), Section 125.004, Civil Practice
1-32 and Remedies Code, is amended to conform to Sections 1.01 and
1-33 13.02, Chapter 900, Acts of the 73rd Legislature, 1993, and amended
1-34 to read as follows:
1-35 (a) Proof that prostitution or gambling in violation of the
1-36 Penal Code, that public lewdness or indecent exposure in violation
1-37 of the <that reckless discharge of a firearm as described by
1-38 Section 42.015,> Penal Code, or that the delivery or use of a
1-39 controlled substance in violation of Chapter 481, Health and Safety
1-40 Code, is frequently committed at the place involved <or that the
1-41 place is frequently used for reckless discharge of a firearm as
1-42 described by Section 42.015, Penal Code,> is prima facie evidence
1-43 that the proprietor knowingly permitted the act.
1-44 SECTION 3. Subsection (b), Section 125.004, Civil Practice
1-45 and Remedies Code, as amended by Section 3, Chapter 857, and
1-46 Section 2, Chapter 968, Acts of the 73rd Legislature, 1993, is
1-47 amended to conform to Sections 1.01 and 13.02, Chapter 900, Acts of
1-48 the 73rd Legislature, 1993, and amended to read as follows:
1-49 (b) Evidence that persons have been convicted of gambling,
1-50 committing prostitution, public lewdness, indecent exposure,
1-51 <reckless discharge of a firearm as described by Section 42.015,
1-52 Penal Code,> engaging in organized criminal activity as a member of
1-53 a combination <or a criminal street gang> as described by Section
1-54 71.02, Penal Code, or delivering or using a controlled substance in
1-55 violation of Chapter 481, Health and Safety Code, in the place
1-56 involved is admissible to show knowledge on the part of the
1-57 defendant that the act occurred. The originals or certified copies
1-58 of the papers and judgments of those convictions are admissible in
1-59 the suit for injunction, and oral evidence is admissible to show
1-60 that the offense for which a person was convicted was committed at
1-61 the place involved.
1-62 SECTION 4. Section 125.021, Civil Practice and Remedies
1-63 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
1-64 857, Acts of the 73rd Legislature, 1993, is amended to read as
1-65 follows:
1-66 Sec. 125.021. PUBLIC NUISANCE. The habitual use or the
1-67 threatened or contemplated habitual use of any place for any of the
1-68 following purposes is a public nuisance:
2-1 (1) gambling, gambling promotion, or communicating
2-2 gambling information prohibited by law;
2-3 (2) promotion or aggravated promotion of prostitution;
2-4 (3) compelling prostitution;
2-5 (4) commercial manufacture, commercial distribution,
2-6 or commercial exhibition of obscene material;
2-7 (5) commercial exhibition of live dances or other acts
2-8 depicting real or simulated sexual intercourse or deviate sexual
2-9 intercourse;
2-10 (6) public lewdness or indecent exposure in violation
2-11 of the Penal Code;
2-12 (7) engaging in a voluntary fight between a man and a
2-13 bull if the fight is for a thing of value or a championship, if a
2-14 thing of value is wagered on the fight, or if an admission fee for
2-15 the fight is directly or indirectly charged, as prohibited by law;
2-16 (8) <(7) reckless discharge of a firearm as described
2-17 by Section 42.015, Penal Code; or>
2-18 <(7)> engaging in organized criminal activity as a
2-19 member of a combination <or as a member of a criminal street gang>
2-20 as described by Section 71.02, Penal Code; or
2-21 (9) <(8)> delivering or using a controlled substance
2-22 in violation of Chapter 481, Health and Safety Code.
2-23 SECTION 5. Section 125.041, Civil Practice and Remedies
2-24 Code, as amended by Section 1, Chapter 968, and Section 2, Chapter
2-25 857, Acts of the 73rd Legislature, 1993, is amended to conform to
2-26 Sections 1.01 and 13.02, Chapter 900, Acts of the 73rd Legislature,
2-27 1993, and amended to read as follows:
2-28 Sec. 125.041. Public Nuisance. For the purposes of this
2-29 subchapter, a public nuisance is considered to exist at a place if
2-30 one or more of the following acts occurs at that place on a regular
2-31 basis:
2-32 (1) gambling, gambling promotion, or communication of
2-33 gambling information, as prohibited by Chapter 47, Penal Code;
2-34 (2) promotion or aggravated promotion of prostitution,
2-35 as prohibited by Chapter 43, Penal Code;
2-36 (3) compelling prostitution, as prohibited by Chapter
2-37 43, Penal Code;
2-38 (4) commercial manufacture, commercial distribution,
2-39 or commercial exhibition of material that is obscene, as defined by
2-40 Section 43.21, Penal Code;
2-41 (5) commercial exhibition of a live dance or other act
2-42 in which a person engages in real or simulated sexual intercourse
2-43 or deviate sexual intercourse, as defined by Section 43.01, Penal
2-44 Code;
2-45 <(6) reckless discharge of a firearm as described by
2-46 Section 42.015, Penal Code; or>
2-47 (6) engaging in organized criminal activity as a
2-48 member of a combination <or as a member of a criminal street gang>
2-49 as described by Section 71.02, Penal Code; <or>
2-50 (7) public lewdness or indecent exposure in violation
2-51 of the Penal Code; or
2-52 (8) manufacture, delivery, or use of a controlled
2-53 substance in violation of Chapter 481, Health and Safety Code.
2-54 SECTION 6. This Act takes effect September 1, 1995, and
2-55 applies only to a cause of action that accrues on or after that
2-56 date. An action that accrued before the effective date of this Act
2-57 is governed by the law applicable to the action immediately before
2-58 the effective date of this Act, and that law is continued in effect
2-59 for that purpose.
2-60 SECTION 7. The importance of this legislation and the
2-61 crowded condition of the calendars in both houses create an
2-62 emergency and an imperative public necessity that the
2-63 constitutional rule requiring bills to be read on three several
2-64 days in each house be suspended, and this rule is hereby suspended.
2-65 * * * * *