By: Carona S.B. No. 551
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for criminal street gang activity that
  violates a court-ordered injunction.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 125, Civil Practice and
  Remedies Code, is amended by adding Section 125.070 to read as
  follows:
         Sec. 125.070.  CIVIL ACTION FOR VIOLATION OF INJUNCTION.  
  (a)  In this section, "governmental entity" means a political
  subdivision of this state, including any city, county, school
  district, junior college district, levee improvement district,
  drainage district, irrigation district, water improvement
  district, water control and improvement district, water control and
  preservation district, freshwater supply district, navigation
  district, conservation and reclamation district, soil conservation
  district, communication district, public health district, and
  river authority.
         (b)  A member of a criminal street gang is liable to the state
  or a governmental entity injured by the violation of a temporary or
  permanent injunctive order under this subchapter.
         (c)  In an action brought against a member of a criminal
  street gang, the plaintiff must show that the member violated the
  temporary or permanent injunctive order.
         (d)  A district, county, or city attorney or the attorney
  general may sue for money damages on behalf of the state or a
  governmental entity. If the state or a governmental entity
  prevails in a suit under this section, the state or governmental
  entity may recover:
               (1)  actual damages;
               (2)  a civil penalty in an amount not to exceed $20,000
  for each violation; and
               (3)  court costs and attorney's fees.
         (e)  The property of the criminal street gang or a member of
  the street gang may be seized in execution on a judgment under this
  section.
         (f)  The attorney general shall deposit money received under
  this section for damages or as a civil penalty in the neighborhood
  and community recovery fund held by the attorney general outside
  the state treasury. Money in the fund is held by the attorney
  general in trust for the benefit of the community or neighborhood
  harmed by the violation of a temporary or permanent injunctive
  order. Money in the fund may be used only for the benefit of the
  community or neighborhood harmed by the violation of the injunctive
  order. Interest earned on money in the fund shall be credited to
  the fund. The attorney general shall account for money in the fund
  so that money held for the benefit of a community or neighborhood,
  and interest earned on that money, are not commingled with money in
  the fund held for the benefit of a different community or
  neighborhood.
         (g)  A district, county, or city attorney who brings suit on
  behalf of a governmental entity shall deposit money received for
  damages or as a civil penalty in an account to be held in trust for
  the benefit of the community or neighborhood harmed by the
  violation of a temporary or permanent injunctive order. Money in
  the account may be used only for the benefit of the community or
  neighborhood harmed by the violation of the injunctive order.
  Interest earned on money in the account shall be credited to the
  account.  The district, county, or city attorney shall account for
  money in the account so that money held for the benefit of a
  community or neighborhood, and interest earned on that money, are
  not commingled with money in the account held for the benefit of a
  different community or neighborhood.
         (h)  An action under this section brought by the state or a
  governmental entity does not waive sovereign or governmental
  immunity for any purpose.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act. A cause of action that accrued before the effective date
  of this Act is governed by the law in effect immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.