Texas 2009 - 81st Regular

Texas Senate Bill SB551

Filed
 
Out of Senate Committee
4/15/09  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil liability for criminal street gang activity that violates a court-ordered injunction.

Impact

Furthermore, the bill extends liability to the governmental entities affected by criminal street gang activities. This includes the costs incurred from policing gang-related activities and any reduction in property value or tax revenue faced by these entities. By allowing governmental entities to sue for recovery of damages, SB551 emphasizes the financial burdens that gangs impose not only on families but also on local and state resources. This could lead to significant legal and financial repercussions for criminal organizations operating within the jurisdiction of Texas.

Summary

SB551 introduces a framework for civil liability concerning activities associated with criminal street gangs in Texas. The bill aims to establish specific liabilities for criminal street gangs, particularly when a child is recruited or induced to join. Under this legislation, a gang or its member can be held responsible for damages incurred by a parent or guardian as a result of such recruitment, allowing for the recovery of both economic and noneconomic damages. This provision recognizes the emotional and societal impact that gang involvement can have on families, particularly those with minors.

Contention

However, the bill may face contention regarding the obligations it places on gang members and the potential for abuse in its application. Critics may argue that not all individuals associated with gangs should be liable for the actions of others, raising questions about fairness in enforcement. Additionally, there is concern about how the liability standards are defined and enforced, particularly regarding the subjective nature of gang involvement and the potential stigmatization of communities. These factors could lead to complex legal challenges as the bill moves forward, necessitating careful consideration of its long-term implications.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX HB22

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB36

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB111

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB2690

Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.

TX HB230

Relating to intelligence databases for combinations and criminal street gangs.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB4014

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

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