By Villarreal                                         H.B. No. 3402
         77R6620 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to activity of a criminal street gang that constitutes a
 1-3     public nuisance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 125.061, Civil Practice and Remedies Code,
 1-6     is amended to read as follows:
 1-7           Sec. 125.061.  DEFINITIONS.  In this subchapter:
 1-8                 (1)  "Combination"[, "combination"] and "criminal
 1-9     street gang" have the meanings assigned by Section 71.01, Penal
1-10     Code.
1-11                 (2)  "Continuously or regularly" means occurring five
1-12     or more times in a period of not more than six months.
1-13                 (3)  "Gang activities" means conduct:
1-14                       (A)  described by:
1-15                             (i)  Section 71.02, Penal Code (organized
1-16     criminal activity);
1-17                             (ii)  Section 22.07, Penal Code
1-18     (terroristic threat);
1-19                             (iii)  Section 22.015, Penal Code
1-20     (coercing, soliciting, or inducing gang membership);
1-21                             (iv)  Section 30.05, Penal Code (criminal
1-22     trespass); or
1-23                             (v)  Section 42.01, Penal Code (disorderly
1-24     conduct);
 2-1                       (B)  described by Section 28.03, Penal Code
 2-2     (criminal mischief),  and causing pecuniary loss of $500 or more;
 2-3                       (C)  described by Section 28.08, Penal Code
 2-4     (graffiti), and:
 2-5                             (i)  causing pecuniary loss of $500 or
 2-6     more; or
 2-7                             (ii)  occurring on a school, an institution
 2-8     of higher learning, a place of worship or human burial, a public
 2-9     monument, or a community center that provides medical, social, or
2-10     educational programs;
2-11                       (D)  that is an offense under Chapter 46, Penal
2-12     Code (weapons); or
2-13                       (E)  that is the unlawful possession of a
2-14     substance or item the possession of which is an offense under
2-15     Chapter 481, Health and Safety Code.
2-16           SECTION 2. Section 125.062, Civil Practice and Remedies Code,
2-17     is amended to read as follows:
2-18           Sec. 125.062.  PUBLIC NUISANCE; COMBINATION.  A combination
2-19     or criminal street gang that continuously or regularly associates
2-20     in gang [organized criminal] activities [as described by Section
2-21     71.02, Penal Code,] is a public nuisance.
2-22           SECTION 3. Section 125.063, Civil Practice and Remedies Code,
2-23     is amended to read as follows:
2-24           Sec. 125.063.  PUBLIC NUISANCE; USE OF PLACE.  The habitual
2-25     use of a place by a combination or criminal street gang for
2-26     engaging in gang [organized criminal] activity [as described by
2-27     Section 71.02, Penal Code,] is a public nuisance.
 3-1           SECTION 4. Section 125.064(b), Civil Practice and Remedies
 3-2     Code, is amended to read as follows:
 3-3           (b)  Any person who habitually associates with others to
 3-4     engage in gang [organized criminal] activity as a member of a
 3-5     combination or criminal street gang may be made a defendant in the
 3-6     suit.  Any person who owns or is responsible for maintaining a
 3-7     place that is habitually used for engaging in gang [organized
 3-8     criminal] activity [as described by Section 71.02, Penal Code,] may
 3-9     be made a defendant in the suit.
3-10           SECTION 5. Section 125.065, Civil Practice and Remedies Code,
3-11     is amended to read as follows:
3-12           Sec. 125.065.  COURT ORDER.  (a)  If the court finds that a
3-13     combination or criminal street gang constitutes a public nuisance,
3-14     the court may enter an order:
3-15                 (1)  enjoining a defendant in the suit from engaging in
3-16     the gang [organized criminal] activities of the combination or
3-17     gang; and
3-18                 (2)  imposing other reasonable requirements to prevent
3-19     the combination or gang from engaging in future gang activities.
3-20           (b)  If the court finds that a place is habitually used in a
3-21     manner that constitutes a public nuisance, the court may include in
3-22     its order reasonable requirements to prevent the use of the place
3-23     for gang [organized criminal] activity.
3-24           SECTION 6. Section 125.069, Civil Practice and Remedies Code,
3-25     is amended to read as follows:
3-26           Sec. 125.069.  USE OF PLACE; EVIDENCE. In an action brought
3-27     under this subchapter, proof that gang [organized criminal]
 4-1     activity by a member of a combination or a criminal street gang [as
 4-2     described by  Section 71.02, Penal Code,] is frequently committed
 4-3     at a place or proof that a place is frequently used for engaging in
 4-4     gang [organized criminal] activity by a member of a combination or
 4-5     a criminal street gang [as described by Section 71.02, Penal Code,]
 4-6     is prima facie evidence that the proprietor knowingly permitted the
 4-7     act, unless[,] the act constitutes conspiring to commit gang
 4-8     activity [an offense as described by Section 71.02].
 4-9           SECTION 7. (a)  This Act takes effect September 1, 2001.
4-10           (b)  The change in law made by this Act applies only to a
4-11     cause of action that accrues on or after the effective date of this
4-12     Act. A cause of action that accrues before the effective date of
4-13     this Act is governed by the law in effect immediately before the
4-14     effective date of this Act, and that law is continued in effect for
4-15     that purpose.