By: McClendon (Senate Sponsor - Williams) H.B. No. 68
(In the Senate - Received from the House March 23, 2005;
March 30, 2005, read first time and referred to Committee on
Criminal Justice; May 13, 2005, reported favorably by the
following vote: Yeas 5, Nays 0; May 13, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to public nuisance actions involving criminal street
gangs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.061(2), Civil Practice and Remedies
Code, is amended to read as follows:
(2) "Continuously or regularly" means at least five
times in a period of not more than 12 [six] months.
SECTION 2. For purposes of determining whether gang
activities are continuous or regular, the change in law made by this
Act applies only to a gang activity that occurs on or after the
effective date of this Act, or in the six-month period immediately
preceding the effective date of this Act. A gang activity that
occurred more than six months before the effective date of this Act
is covered by the law as it existed when the gang activity occurred,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2005.
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