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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. CRIMINAL STREET GANG LIABILITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 100B.001. DEFINITIONS. In this chapter: |
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(1) "Child" means a person younger than 18 years of |
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age. |
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(2) "Criminal street gang" means three or more persons |
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having a common identifying sign or symbol or an identifiable |
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leadership who continuously or regularly associate in the |
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commission of criminal activities. |
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(3) "Continuously or regularly" means at least five |
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times in a period of not more than 12 months. |
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(4) "Gang activity" has the meaning assigned by |
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Section 125.061. |
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(5) "Governmental entity" means: |
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(A) this state and any agency of the state; and |
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(B) a political subdivision of this state, |
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including any city, county, school district, junior college |
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district, levee improvement district, drainage district, |
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irrigation district, water improvement district, water control and |
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improvement district, water control and preservation district, |
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freshwater supply district, navigation district, conservation and |
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reclamation district, soil conservation district, communication |
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district, public health district, and river authority. |
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(6) "Parent" means a natural or adoptive parent, |
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managing or possessory conservator, or legal guardian of a person. |
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[Sections 100B.002-100B.050 reserved for expansion] |
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SUBCHAPTER B. LIABILITY TO PARENT |
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Sec. 100B.051. LIABILITY. A criminal street gang or a |
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member of a criminal street gang is liable to the parent of a child |
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for damages arising from the criminal street gang's or a member of |
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the criminal street gang's recruitment or inducement of the child |
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to become a member of the criminal street gang. |
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Sec. 100B.052. DAMAGES. (a) A plaintiff who prevails in a |
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suit under this chapter may recover economic and noneconomic |
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damages, including damages for loss of companionship of and society |
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with the child and mental anguish, even if an injury other than |
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mental anguish is not shown. |
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(b) In addition to an award under Subsection (a), a |
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plaintiff who prevails in a suit under this chapter may recover |
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exemplary damages and court costs and reasonable attorney's fees. |
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[Sections 100B.053-100B.100 reserved for expansion] |
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SUBCHAPTER C. LIABILITY TO GOVERNMENTAL ENTITY |
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Sec. 100B.101. LIABILITY. A criminal street gang or a |
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member of a criminal street gang is liable to a governmental entity |
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for damages arising from activities of a criminal street gang, |
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including: |
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(1) the cost of: |
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(A) policing property owned by the governmental |
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entity; and |
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(B) governmental services provided as a result of |
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the criminal street gang activity; and |
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(2) the amount by which the value of property owned by |
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the governmental entity or the entity's revenue from ad valorem |
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taxes on property in the entity's jurisdiction or any other taxes |
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collected in the entity's jurisdiction is reduced. |
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Sec. 100B.102. DAMAGES. (a) A governmental entity that |
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prevails in a suit under this chapter may recover economic damages. |
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(b) In addition to an award under Subsection (a), a |
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governmental entity that prevails in a suit under this chapter may |
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recover exemplary damages and court costs and reasonable attorney's |
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fees. |
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[Sections 100B.103-100B.150 reserved for expansion] |
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SUBCHAPTER D. LIABILITY TO NEIGHBORHOOD OR COMMUNITY |
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Sec. 100B.151. LIABILITY. A criminal street gang or a |
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member of a criminal street gang is liable to a neighborhood or |
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community injured by a public nuisance under Subchapter E, Chapter |
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100B, arising out of gang activity engaged in by the gang. |
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Sec. 100B.152. DAMAGES. A district, county, or city |
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attorney, the attorney general, or a resident of the state may sue |
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for money damages on behalf of a neighborhood or community injured |
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by a public nuisance under Subchapter E, Chapter 100B. |
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[Sections 100B.153-100B.200 reserved for expansion] |
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SUBCHAPTER E. EXECUTION ON JUDGMENT |
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Sec. 100B.201. LEVY ON PROPERTY OF GANG OR MEMBER. The |
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property of the criminal street gang or a member of the street gang |
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may be seized in execution on a judgment under this section. |
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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. |