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