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.

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