BILL ANALYSIS

 

 

                                                                                                                                               H.B. 68

                                                                                                                                  By: McClendon

                                                                                                                                     Civil Practices

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In an effort to curtail gang activity in neighborhoods, legislation has been enacted that prohibits people who create a public nuisance from repeatedly gathering in the same location.  Although the legislation has been successful and many neighborhoods have been made safer, a slight modification is necessary to make the statute more effective.  When the law originally passed, a person who participated in gang activities as well as a person who owns or is responsible for a location where gang activity occurs five times in a period of six months could be subject to reasonable requirements to prevent future gang activity.  The problem with the statute is that the six month time period is too short and it acts like a revolving door as an occurrence if gang activity falls off the books every six months. 

 

House Bill 68 increases the time period for the five occurrences of gang activity from six months to 12 months.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

House Bill 68 amends section 125.061(2), Civil Practice and Remedies Code, by striking "six" and inserting "12" in the definition of "continuously or regularly". 

 

EFFECTIVE DATE

 

September 1, 2005