By:  Hartnett                                                     H.B. No. 3528



A BILL TO BE ENTITLED

AN ACT

relating to civil actions for public nuisances.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 125.001(a), Civil Practice and Remedies 
Code, is amended by adding new subsections (6) and (7):
		(5)  public lewdness or indecent exposure in violation 
of the Penal Code; or
		(6)  obscene activity in violation of Sections 43.24, 
43.25, 43.251, or 43.26 of the Penal Code.
	SECTION 2.  Subsection (c), Section 125.002, Civil Practice 
and Remedies Code, is amended to read as follows:
	(c)   The bond must:                                                           
		(1)  be payable to the state at the county seat of the 
county in which the nuisance exists;
		(2)  be in the penal sum of $10,000;                                          
		[(3)  have sufficient sureties approved by the court;] 
and 
		(3) [(4)]  be conditioned that the property will not be 
used or permitted to be used for the following purposes:
			(A)  prostitution or gambling in violation of the 
Penal Code; [or]
			(B)  organized criminal activity as a member of a 
combination as described by Section 71.02, Penal Code;
			(C)  [for] the delivery, possession, manufacture, 
or use of a controlled substance in violation of Chapter 481, Health 
and Safety Code;
			(D)  public lewdness or indecent exposure in 
violation of the Penal Code; or
			(E)  obscene activity in violation of Sections 
43.24, 43.25, 43.251, or 43.26 of the Penal Code.
	SECTION 3.  Subsection (d), Section 125.003, Civil Practice 
and Remedies Code, is amended to read as follows:
	(d)  In an action brought under this chapter, the court may 
award a prevailing party reasonable attorney's fees and 
investigative costs, in addition to costs.  In determining the 
amount of attorney's fees and investigative costs, the court shall 
consider:
		(1)  the time and labor involved, including the time 
and expense of travel to investigate;
		(2)  the novelty and difficulty of the questions;                             
		(3)  the expertise, reputation, and ability of the 
attorney; and            
		(4)  any other factor considered relevant by the court.                       
	SECTION 4.  Section 125.021, Civil Practice and Remedies 
Code, is amended by adding new subsections (11) and (12):
		(11)  public lewdness or indecent exposure in violation 
of the Penal Code; and
		(12)  obscene activity in violation of Sections 43.24, 
Section 43.25, Section 43.251, or 43.26 of the Penal Code.
	SECTION 6.  Section 125.041, Civil Practice and Remedies 
Code, is amended by adding new subsections (10) and (11):
		(10)  public lewdness or indecent exposure in violation 
of the Penal Code; and
		(11)  obscene activity in violation of Sections 43.24, 
43.25, 43.251, or 43.26 of the Penal Code.
	SECTION 5.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.