LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 19, 1995



 TO:     Honorable Todd A. Hunter, Chair        IN RE: Committee Substitute
         Committee on Civil Practices           for
         House of Representatives                              Senate Bill
         Austin, Texas                          No. 308
                                                        By: Shapiro








FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
308 (relating to civil actions for public nuisances, and making
an appropriation) this office has determined the following:

The bill would amend Chapter 125 of the Civil Practice and
Remedies Code to add public lewdness or indecent exposure,
obscene activity, and organized criminal activity under certain
circumstances to the list of activities that may be considered as
creating a common nuisance.  The bill would also provide that a
person is considered to maintain a common nuisance if the person
knowingly maintained a place to which individuals habitually went
for the purpose of one of the above-listed activities.

The bill would appropriate to the Attorney General all fees
assessed and all recovered expenses incurred in obtaining
administrative and/or civil penalties authorized by Chapter 125,
Civil Practice and Remedies Code.  These fees could be used only
for the purpose of enforcing the provisions of Chapter 125.  The
amount of attorney fees and investigative costs recovered by the
Attorney General due to the inclusion of these provisions cannot
be determined.


The fiscal implication to the State or units of local government
cannot be determined.    




Source:   Office of the Attorney General, Comptroller of Public
Accounts
          LBB Staff: JK, DC, RR