By Merritt H.B. No. 1270 75R4452 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to allowing certain local law enforcement officers to 1-3 declare a premises a public nuisance. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. (a) The legislature finds that: 1-6 (1) areas having a history of problems related to drug 1-7 activity create a public nuisance; and 1-8 (2) attempts to abate the public nuisance through 1-9 court proceedings is a burdensome and time-consuming process. 1-10 (b) The purpose of this Act is to: 1-11 (1) provide a process through which local law 1-12 enforcement authorities can promptly respond to problems that 1-13 result from the presence of drug activity on premises located 1-14 within the jurisdiction of the local law enforcement authority; and 1-15 (2) promote public health, safety, and welfare in 1-16 areas having a history of problems related to drug activity. 1-17 SECTION 2. Subchapter C, Chapter 125, Civil Practice and 1-18 Remedies Code, is amended by adding Section 125.047 to read as 1-19 follows: 1-20 Sec. 125.047. ADDITIONAL REMEDIES RELATED TO DRUG ACTIVITY. 1-21 (a) For purposes of this section, a public nuisance is considered 1-22 to exist on a premises if the manufacture, delivery, possession, or 1-23 use of a controlled substance in violation of Chapter 481, Health 1-24 and Safety Code, occurs on the premises. 2-1 (b) A county or municipality may appoint one or more local 2-2 law enforcement officers to administer this section. 2-3 (c) A local law enforcement officer appointed under this 2-4 section may initiate a hearing and issue an order as described by 2-5 this section if there has been at least one offense described by 2-6 Subsection (a) that was committed on the premises in a six-month 2-7 period. 2-8 (d) Before an order is issued under Subsection (e), the 2-9 local law enforcement officer shall provide notice and an 2-10 opportunity for a hearing to the owner, lessor, mortgagor, and 2-11 mortgagee of the premises. 2-12 (e) If, after a hearing, the local law enforcement officer 2-13 finds that the public nuisance exists on the premises, the local 2-14 law enforcement officer shall: 2-15 (1) issue an order declaring the premises a public 2-16 nuisance and directing any person to discontinue the activity 2-17 causing the premises to be a public nuisance; and 2-18 (2) direct a law enforcement officer to post the order 2-19 at the premises. 2-20 (f) On or after the 10th day after the date the order is 2-21 posted, the local law enforcement officer may issue an order 2-22 directing the closing of the premises for a period not to exceed 2-23 one year. The closing of a premises under this section is not an 2-24 act of possession, ownership, or control by the local government. 2-25 (g) The local law enforcement officer shall vacate an order 2-26 issued under this section if: 2-27 (1) a bond is posted for the period of the order and 3-1 the bond: 3-2 (A) is in an amount determined by the local law 3-3 enforcement officer to be necessary to cover the costs of 3-4 investigating and prosecuting a violation described by Subsection 3-5 (a) that is similar to a violation that previously occurred on the 3-6 premises, but not to exceed the amount of the appraised value of 3-7 the premises as shown by the records of the appraisal district in 3-8 which the premises is located; 3-9 (B) is payable to the county or municipality 3-10 that appointed the local law enforcement officer; and 3-11 (C) is conditioned that no additional violations 3-12 described by Subsection (a) will occur on the premises during the 3-13 period of the order; or 3-14 (2) reasonable proof is submitted to the local law 3-15 enforcement officer demonstrating that the public nuisance has been 3-16 abated and will not be permitted on the premises during the period 3-17 of the order. 3-18 (h) In this section, "premises" has the meaning assigned by 3-19 Section 92.001, Property Code. 3-20 SECTION 3. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and it is so enacted.