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.