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.