SRC-SLL C.S.S.B. 642 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 642
By: Harris
Jurisprudence
4-29-97
Committee Report (Substituted)


DIGEST 

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, C.S.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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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 or manufacture of a controlled
substance in violation of Chapter 481, Health and Safety Code, among other
activities, maintains a common nuisance.  Provides that a person who
maintains a multiunit 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 multiunit
residential property, as that term is defined by Section 125.041, that is
located in certain 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.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 125.001, Civil Practice and Remedies Code, to delete acts
of public lewdness, obscene activity, and indecent exposure from the list
of acts that make certain places common nuisances.  Adds text regarding
multiunit residential properties that are  common nuisances. 


Deletes proposed SECTIONS 2, 3, and 5-7.