HBA-MSH C.S.H.B. 848 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 848
By: Hartnett
Civil Practices
4/29/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law a person is guilty of maintaining a nuisance if that
person knowingly maintains a place to which persons habitually go for
certain purposes such as prostitution, illegal gambling, or organized
criminal activity.  The law also provides that evidence that a person has
been convicted of these activities is admissible to show that the defendant
in a suit relating to maintaining a common nuisance knew the activity
occurred.  Current law does not allow the admission of evidence that a
person has been arrested for these activities to show knowledge or to show
that the act occurred on the premises for that purpose. C.S.H.B. 848 amends
provisions relating to admissible evidence in a suit relating to
maintaining a common or public nuisance. 

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. 

ANALYSIS

C.S.H.B. 848 amends the Civil Practice and Remedies Code to provide that
evidence that persons have been convicted of or arrested for the offense of
maintaining a public or common nuisance in the place involved is admissible
to show that the act occurred at that place.  The bill provides that the
originals or certified copies of the papers and judgments of such
convictions or arrests are admissible in a suit for injunction, and oral
evidence is admissible to show that an offense for which a person was
arrested or convicted was committed at the place involved. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 848 differs from the original by setting forth provisions relating
to the admissibility of evidence of an arrest or conviction for the offense
of maintaining a common or public nuisance whereas the original added
engaging in voluntary acts of public lewdness and indecent exposure to the
list of activities that determine if a person creates or maintains a place
where acts of public or common nuisance occur.