SRC-AMY S.B. 1010 78(R)    BILL ANALYSIS


Senate Research CenterS.B. 1010
By: West, Royce
Jurisprudence
7-30-2003
Enrolled

DIGEST AND PURPOSE 

Currently, Texas law contains what is commonly referred to as the Public
Nuisance and the Common Nuisance statutes.  These statutes, similar in
design and intent, are used by local governments to address problem
locations where owners, landlords, and property managers are not taking
steps within their powers to prevent such activities as gambling,
prostitution, and illegal drug use from occurring.  However, the statutes
contain many provisions that are in conflict with one another.  This makes
it difficult to determine the appropriate statute governing a particular
case.  S.B.  1010 incorporates both statutes to eliminate the confusion.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 125, Civil Practice and Remedies
Code, by amending Section 125.001 and adding Section 125.0015, as follows: 

Sec.  125.001.  New heading:  DEFINITIONS.  Defines "common nuisance,"
"public nuisance," and "multiunit residential property." 

Sec.  125.0015.  Redesignated from Section 125.001.  (a)  Adds new
language to existing text to provide the circumstances under which a
person maintains a common nuisance.   

(b)  Adds new language to existing text to provide the conditions under
which a person maintains a common nuisance. 

  (c)  Deletes existing Section 125.001(c).

SECTION 2.  Amends Section 125.002, Civil Practice and Remedies Code, as
follows: 

(b)  Authorizes a person to bring a suit under Subsection (a) against any
person who maintains, owns, uses, is about to use, or is a party to the
use of a place for purposes constituting a nuisance under this subchapter
and to bring an action in rem against the place itself. 

(c)  Provides that service of any order, notice, process, motion, or
ruling of the court on the attorney of record of a cause pending under
this subchapter is sufficient service of the party represented by an
attorney. 
 
(d)  Provides that a person who violates a temporary or permanent
injunctive order under this subchapter is subject to certain sentences for
civil contempt. 
 
(e)  Redesignated from existing subsection (b).  Requires the court, if
judgment is in favor of the petitioner, to grant an injunction ordering
the defendant to abate the nuisance and enjoining the defendant from
maintaining or participating in the nuisance and authorizes the court to
include in its order reasonable requirements to prevent the use or
maintenance of the place as a nuisance.  Provides that, if the petitioner
brings an action in rem, the  judgment is a judgment in rem against the
property as well as a judgment against the defendant.   

 (f)  Redesignated from existing Subsection (c).  

(g) Authorizes the petitioner, in an action brought under this chapter, to
file a notice of lis pendens and a certified copy of an order of the court
in the office of the county clerk in each county in which the land is
located.  Requires the notice of lis pendens to conform to the
requirements of Section 12.007 (Lis Pendens), Property Code, and provides
that it constitutes notice as provided by Section 13.004 (Effect of
Recording Lis Pendens), Property Code.  Provides that a certified copy of
an order of the court filed in the office of the county clerk constitutes
notice of the terms of the order and is binding on subsequent purchasers
and lienholders. 

SECTION 3.  Amends  Section 125.003(c), Civil Practice and Remedies Code,
to make a nonsubstantive change. 

SECTION 4.  Amends Sections 125.004(a) and (b), Civil Practice and
Remedies Code, as follows: 
 
 (a)  Makes conforming changes.

(b)  Provides that evidence that persons have been arrested or convicted
for certain activities is admissible to show knowledge on the part of the
defendant that the act occurred.  Makes conforming changes. 

SECTION 5.  Amends Section 125.042(a), Civil Practice and Remedies Code,
to make conforming changes. 

SECTION 6.  Amends Sections 125.044 and 125.045, Civil Practice and
Remedies Code, as follows: 

 Sec.  125.044.  Makes conforming changes.

Sec.  125.045.  (a)  Requires the court, if after notice and hearing on a
request by a petitioner for a temporary injunction, a court determines
that the petitioner is likely to succeed on the merits in a suit brought
under Section 125.002, to require the defendant to execute a bond.
Requires the bond to meet certain conditions.   

(b) Makes a conforming change.

(c) Authorizes the district, county, or city attorney of the county in
which the property is located or the attorney general, if a condition of a
bond filed or an injunctive order entered under this subchapter is
violated, to sue on the bond in the name of the state.  Requires the whole
sum, in the event the attorney general originates the suit, to be
forfeited as a penalty to the state.  Requires the whole sum, in the event
the suit is originated by any office other than the attorney general, to
be forfeited as a penalty to the originating entity. 

SECTION 7.  Amends Section 125.046(a), Civil Practice and Remedies Code,
to delete current language in existing text regarding a multiunit
residential property at which a public nuisance exists. 

SECTION 8.  Amends Subchapter C, Chapter 125, Civil Practice and Remedies
Code, by adding Section 125.047, as follows: 

Sec. 125.047.  NUISANCE ABATEMENT FUND.  (a)  Defines "fund" and "nuisance
abatement." 

 (b) Provides that this section applies only to a municipality with a
population of 1.5 million or more. 

(c) Requires a municipality to create a fund as a separate account in the
treasury of the municipality. 

(d) Sets forth of what the fund consists.

(e) Authorizes the money in the fund to be used only for the purpose of
ongoing nuisance abatement.  Provides that that purpose includes regular
and overtime compensation for nuisance abatement or enforcement personnel
and hiring additional personnel for nuisance abatement as needed. 

SECTION 9.  Amends Sections 125.061, 125.062, and 125.063, Civil Practice
and Remedies Code, as follows: 

Sec. 125.061.  DEFINITIONS.  Defines "combination" and "criminal street
gang," "continuously or regularly," and "gang activity." 

Sec. 125.062.  PUBLIC NUISANCE; COMBINATION.   Provides that a combination
or criminal street gang that continuously or regularly associates in gang
activities, rather than organized criminal activities, is a public
nuisance.  Deletes a reference to the Penal Code. 

Sec. 125.063.  PUBLIC NUISANCE; USE OF PLACE.  Provides that the habitual
use of a place by a combination or criminal street gang for engaging in
gang activity is a public nuisance.  Makes conforming changes. 

SECTION 10.  Amends Section 125.064(b), Civil Practice and Remedies Code,
to make conforming changes. 

SECTION 11.  Amends Section 125.065, Civil Practice and Remedies Code, as
follows: 

Sec. 125.065.  COURT ORDER.  (a)  Authorizes the court, if it finds that a
combination or criminal street gang constitutes a public nuisance, to
enter an order enjoining a defendant in the suit from engaging in the gang
activities of the combination or gang and imposing other reasonable
requirements to prevent the combination or gang from engaging in future
gang activities.  Makes conforming and nonsubstantive changes. 

(b) Makes a conforming change.

SECTION 12.  Amends Subchapter D, Chapter 125, Civil Practice and Remedies
Code, by adding Section 125.0675, to authorize a court of appeals or a
trial court acting under Section 125.067(b) or (c), in addition to any
other order that may be issued under this subchapter or other law, to
issue an injunctive order under this subchapter stating that the
injunction remains in effect during the course of the trial or until
lifted by the court. 

SECTION 13.  Amends Section 125.069, Civil Practice and Remedies Code, to
make conforming changes. 

SECTION 14.  Repealer:  Subchapter B, Chapter 125, (Suit to Abate Certain
Public Nuisances), Civil Practice and Remedies Code, and Section 125.041
(Definitions), Civil Practice and Remedies Code. 

SECTION 15. Effective date:  September 1, 2003.  
Makes application of this Act prospective.