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.