PAK S.B. 642 75(R)    BILL ANALYSIS


STATE AFFAIRS
S.B. 642
By: Harris (Carter)
5-22-97
Committee Report (Amended)


BACKGROUND

Currently, the law provides that a place to which persons habitually go
for certain prohibited activities is a common nuisance.  This provision is
limited to gambling, discharge of firearms, organized criminal activity,
and certain illegal drug activities.  This bill will expand the list of
activities that make a place a common nuisance, and provide for the
investigation and abatement of those nuisances by the attorney general. 

PURPOSE

As proposed, S.B. 642 expands the list of activities that make a place a
common nuisance, and provides for the investigation and abatement of those
nuisances by the attorney general. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 125.001, Civil Practice and Remedies Code, to
provide that a person who knowingly maintains a place to which persons
habitually go for the purpose of possession of illicit drugs and alcohol
maintains a common nuisance.  Provides that a person who maintains a
multi-unit residential property described by Subsection (c) to which
persons habitually go to commit certain acts maintains a common nuisance.
Provides that Subsection (b) applies  only to a multi-unit residential
property, as that term is defined by Section 125.041, that is located in
municipalities with populations greater than 440,000 and is located in a
county with at least 35 incorporated municipalities. 

SECTION 2. Amends Section 125.004, Civil Practice and Remedies Code, to
provide that proof that an activity described by Section 125.001 is
frequently committed at the place involved or that the place is frequently
used for an activity described by Section 125.001 is prima facie evidence
that the proprietor knowingly permitted the activity.  Provides that
evidence that persons have been convicted of offenses for an activity
described by Section 125.001 in the place involved is admissible to show
knowledge on the part of the defendant that the act occurred.  Makes
conforming changes. 

SECTION 3. Effective date: September 1, 1997.  Makes application of this
Act prospective. 

SECTION 4. Emergency clause.



EXPLANATION OF AMENDMENT

Committee Amendment 1:  The amendment adds language that would only define
a common nuisance if the owner of the property does not make reasonable
attempts to abate the prohibited acts described in the Act.  The amendment
also removes the requirement that the property be located in a county with
at least 35 incorporated areas.