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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for criminal street gang activity that |
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violates a court-ordered injunction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 125, Civil Practice and |
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Remedies Code, is amended by adding Section 125.070 to read as |
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follows: |
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Sec. 125.070. CIVIL ACTION FOR VIOLATION OF INJUNCTION. |
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(a) In this section, "governmental entity" means a political |
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subdivision of this state, including any city, county, school |
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district, junior college district, levee improvement district, |
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drainage district, irrigation district, water improvement |
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district, water control and improvement district, water control and |
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preservation district, freshwater supply district, navigation |
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district, conservation and reclamation district, soil conservation |
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district, communication district, public health district, and |
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river authority. |
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(b) A member of a criminal street gang is liable to the state |
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or a governmental entity injured by the violation of a temporary or |
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permanent injunctive order under this subchapter. |
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(c) In an action brought against a member of a criminal |
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street gang, the plaintiff must show that the member violated the |
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temporary or permanent injunctive order. |
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(d) A district, county, or city attorney or the attorney |
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general may sue for money damages on behalf of the state or a |
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governmental entity. If the state or a governmental entity |
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prevails in a suit under this section, the state or governmental |
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entity may recover: |
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(1) actual damages; |
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(2) a civil penalty in an amount not to exceed $20,000 |
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for each violation; and |
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(3) court costs and attorney's fees. |
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(e) The property of the criminal street gang or a member of |
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the street gang may be seized in execution on a judgment under this |
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section. |
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(f) The attorney general shall deposit money received under |
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this section for damages or as a civil penalty in the neighborhood |
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and community recovery fund held by the attorney general outside |
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the state treasury. Money in the fund is held by the attorney |
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general in trust for the benefit of the community or neighborhood |
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harmed by the violation of a temporary or permanent injunctive |
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order. Money in the fund may be used only for the benefit of the |
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community or neighborhood harmed by the violation of the injunctive |
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order. Interest earned on money in the fund shall be credited to |
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the fund. The attorney general shall account for money in the fund |
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so that money held for the benefit of a community or neighborhood, |
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and interest earned on that money, are not commingled with money in |
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the fund held for the benefit of a different community or |
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neighborhood. |
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(g) A district, county, or city attorney who brings suit on |
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behalf of a governmental entity shall deposit money received for |
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damages or as a civil penalty in an account to be held in trust for |
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the benefit of the community or neighborhood harmed by the |
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violation of a temporary or permanent injunctive order. Money in |
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the account may be used only for the benefit of the community or |
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neighborhood harmed by the violation of the injunctive order. |
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Interest earned on money in the account shall be credited to the |
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account. The district, county, or city attorney shall account for |
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money in the account so that money held for the benefit of a |
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community or neighborhood, and interest earned on that money, are |
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not commingled with money in the account held for the benefit of a |
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different community or neighborhood. |
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(h) An action under this section brought by the state or a |
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governmental entity does not waive sovereign or governmental |
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immunity for any purpose. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |