HBA-ATS S.B. 56 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 56
By: Harris
Civil Practices
4/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Section 125.001 (Common Nuisance), Civil Practice and Remedies Code,
currently applies to a person who maintains a multiunit residential
property to which other persons habitually go and engage in certain
criminal activity.  Because the statute was amended in 1997 to address a
situation in a particular neighborhood in Fort Worth, it applies only to
municipalities with a population of at least 440,000.  S.B. 56 deletes the
population restriction, to apply the existing common nuisance statute to
multiunit residential property in all municipalities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 125.001(c), Civil Practice and Remedies Code, to
provide that Subsection (b) applies only to a multiunit residential
property, as that term is defined by Section 125.041 (Definitions), that is
located in a municipality, rather than in a municipality with a population
of at least 440,000.  Deletes text that refers to the 74th Legislature. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.