1-1 By: Harris S.B. No. 642
1-2 (In the Senate - Filed February 18, 1997; February 24, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 May 1, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 1, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 642 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to abatement of common nuisances.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 125.001, Civil Practice and Remedies
1-13 Code, as amended by Section 14.03 of Chapter 76, Section 25 of
1-14 Chapter 318, and Section 2 of Chapter 663, Acts of the 74th
1-15 Legislature, 1995, is amended to read as follows:
1-16 Sec. 125.001. COMMON NUISANCE. (a) A person who knowingly
1-17 maintains a place to which persons habitually go for the following
1-18 purposes maintains a common nuisance:
1-19 (1) [purpose of] prostitution or gambling in violation
1-20 of the Penal Code;
1-21 (2) [, for the purpose of] discharge of a firearm in a
1-22 public place in violation of Section 42.01(a)(9), Penal Code;
1-23 (3) [, for the purpose of] reckless discharge of a
1-24 firearm as described by Section 42.12, Penal Code;
1-25 (4) [, for the purpose of] engaging in organized
1-26 criminal activity as a member of a combination as described by
1-27 Section 71.02, Penal Code; or
1-28 (5) [, or for the] delivery, possession, manufacture,
1-29 or use of a controlled substance in violation of Chapter 481,
1-30 Health and Safety Code[, maintains a common nuisance].
1-31 (b) A person who maintains a multiunit residential property
1-32 described by Subsection (c) to which persons habitually go to
1-33 commit the following acts maintains a common nuisance:
1-34 (1) aggravated assault as described by Section 22.02,
1-35 Penal Code;
1-36 (2) sexual assault as described by Section 22.011,
1-37 Penal Code;
1-38 (3) aggravated sexual assault as described by Section
1-39 22.021, Penal Code;
1-40 (4) robbery as described by Section 29.02, Penal Code;
1-41 (5) aggravated robbery as described by Section 29.03,
1-42 Penal Code; or
1-43 (6) unlawfully carrying a weapon as described by
1-44 Section 46.02, Penal Code.
1-45 (c) Subsection (b) applies only to a multiunit residential
1-46 property, as that term is defined by Section 125.041, as amended by
1-47 Section 1, Chapter 818, Acts of the 74th Legislature, 1995, that is
1-48 located in a municipality that:
1-49 (1) has a population of at least 440,000; and
1-50 (2) is located in a county that contains at least 35
1-51 incorporated municipalities.
1-52 SECTION 2. Section 125.004, Civil Practice and Remedies
1-53 Code, as amended by Sections 14.04, 14.05, and 14.06 of Chapter 76,
1-54 Sections 26 and 27 of Chapter 318, and Sections 3 and 4 of Chapter
1-55 663, Acts of the 74th Legislature, 1995, is amended to read as
1-56 follows:
1-57 Sec. 125.004. EVIDENCE. (a) Proof that an activity
1-58 described by Section 125.001 [prostitution or gambling in violation
1-59 of the Penal Code, that discharge of a firearm in a public place in
1-60 violation of Section 42.01(a)(9), Penal Code, that reckless
1-61 discharge of a firearm as described by Section 42.12, Penal Code,
1-62 or that the delivery or use of a controlled substance in violation
1-63 of Chapter 481, Health and Safety Code,] is frequently committed at
1-64 the place involved or that the place is frequently used for an
2-1 activity described by Section 125.001 [reckless discharge of a
2-2 firearm as described by Section 42.12, Penal Code,] is prima facie
2-3 evidence that the proprietor knowingly permitted the activity
2-4 [act].
2-5 (b) Evidence that persons have been convicted of offenses
2-6 for an activity described by Section 125.001 [gambling, committing
2-7 prostitution, discharge of a firearm in a public place in violation
2-8 of Section 42.01(a)(9), Penal Code, reckless discharge of a firearm
2-9 as described by Section 42.12, Penal Code, engaging in organized
2-10 criminal activity as a member of a combination as described by
2-11 Section 71.02, Penal Code, or delivering or using a controlled
2-12 substance in violation of Chapter 481, Health and Safety Code,] in
2-13 the place involved is admissible to show knowledge on the part of
2-14 the defendant that the act occurred. The originals or certified
2-15 copies of the papers and judgments of those convictions are
2-16 admissible in the suit for injunction, and oral evidence is
2-17 admissible to show that the offense for which a person was
2-18 convicted was committed at the place involved.
2-19 (c) Evidence of the general reputation of the place involved
2-20 is admissible to show the existence of the nuisance.
2-21 [(g) Proof that organized criminal activity by a member of a
2-22 combination or a criminal street gang as described by Section
2-23 71.02, Penal Code, is frequently committed at a place or proof that
2-24 a place is frequently used for engaging in organized criminal
2-25 activity by a member of a combination or a criminal street gang as
2-26 described by Section 71.02, Penal Code, is prima facie evidence
2-27 that the proprietor knowingly permitted the act, unless the act
2-28 constitutes conspiring to commit an offense as described by Section
2-29 71.02, Penal Code.]
2-30 SECTION 3. (a) This Act takes effect September 1, 1997.
2-31 (b) This Act applies only to conduct that occurs on or after
2-32 the effective date of this Act. Conduct violating the penal law
2-33 of this state occurs on or after the effective date of this Act if
2-34 any element of the violation occurs on or after that date.
2-35 (c) Conduct that occurs before the effective date of this
2-36 Act is governed by the law in effect at the time the conduct
2-37 occurred, and that law is continued in effect for that purpose.
2-38 SECTION 4. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *