77R13020 AJA-F                           
         By Hartnett                                            H.B. No. 848
         Substitute the following for H.B. No. 848:
         By Hope                                            C.S.H.B. No. 848
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the admissibility of certain evidence in a suit to
 1-3     abate a common or public nuisance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 125.004(b), Civil Practice and Remedies
 1-6     Code, is amended to read as follows:
 1-7           (b)  Evidence that persons have been convicted of or arrested
 1-8     for offenses for an activity described by Section 125.001 in the
 1-9     place involved is admissible to show knowledge on the part of the
1-10     defendant that the act occurred.  The originals or certified copies
1-11     of the papers and judgments of those convictions or arrests are
1-12     admissible in the suit for injunction, and oral evidence is
1-13     admissible to show that the offense for which a person was
1-14     convicted or arrested was committed at the place involved.
1-15           SECTION 2. Section 125.022, Civil Practice and Remedies Code,
1-16     is amended by adding Subsection (h) to read as follows:
1-17           (h)  Evidence that persons have been convicted of or arrested
1-18     for offenses for an activity described by Section 125.021 in the
1-19     place involved is admissible to show that the act occurred at that
1-20     place for those purposes.  The originals or certified copies of the
1-21     papers and judgments of those convictions or arrests are admissible
1-22     in the suit for injunction, and oral evidence is admissible to show
1-23     that the offense for which the person was convicted or arrested was
1-24     committed at the place involved.
 2-1           SECTION 3. This Act takes effect September 1, 2001.