81R2578 CAE-D
By: Carona S.B. No. 551
A BILL TO BE ENTITLED
AN ACT
relating to civil liability for criminal street gang activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100B to read as follows:
CHAPTER 100B. CRIMINAL STREET GANG LIABILITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 100B.001. DEFINITIONS. In this chapter:
(1) "Child" means a person younger than 18 years of
age.
(2) "Criminal street gang" means three or more persons
having a common identifying sign or symbol or an identifiable
leadership who continuously or regularly associate in the
commission of criminal activities.
(3) "Continuously or regularly" means at least five
times in a period of not more than 12 months.
(4) "Gang activity" has the meaning assigned by
Section 125.061.
(5) "Governmental entity" means:
(A) this state and any agency of the state; and
(B) 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.
(6) "Parent" means a natural or adoptive parent,
managing or possessory conservator, or legal guardian of a person.
[Sections 100B.002-100B.050 reserved for expansion]
SUBCHAPTER B. LIABILITY TO PARENT
Sec. 100B.051. LIABILITY. A criminal street gang or a
member of a criminal street gang is liable to the parent of a child
for damages arising from the criminal street gang's or a member of
the criminal street gang's recruitment or inducement of the child
to become a member of the criminal street gang.
Sec. 100B.052. DAMAGES. (a) A plaintiff who prevails in a
suit under this chapter may recover economic and noneconomic
damages, including damages for loss of companionship of and society
with the child and mental anguish, even if an injury other than
mental anguish is not shown.
(b) In addition to an award under Subsection (a), a
plaintiff who prevails in a suit under this chapter may recover
exemplary damages and court costs and reasonable attorney's fees.
[Sections 100B.053-100B.100 reserved for expansion]
SUBCHAPTER C. LIABILITY TO GOVERNMENTAL ENTITY
Sec. 100B.101. LIABILITY. A criminal street gang or a
member of a criminal street gang is liable to a governmental entity
for damages arising from activities of a criminal street gang,
including:
(1) the cost of:
(A) policing property owned by the governmental
entity; and
(B) governmental services provided as a result of
the criminal street gang activity; and
(2) the amount by which the value of property owned by
the governmental entity or the entity's revenue from ad valorem
taxes on property in the entity's jurisdiction or any other taxes
collected in the entity's jurisdiction is reduced.
Sec. 100B.102. DAMAGES. (a) A governmental entity that
prevails in a suit under this chapter may recover economic damages.
(b) In addition to an award under Subsection (a), a
governmental entity that prevails in a suit under this chapter may
recover exemplary damages and court costs and reasonable attorney's
fees.
[Sections 100B.103-100B.150 reserved for expansion]
SUBCHAPTER D. LIABILITY TO NEIGHBORHOOD OR COMMUNITY
Sec. 100B.151. LIABILITY. A criminal street gang or a
member of a criminal street gang is liable to a neighborhood or
community injured by a public nuisance under Subchapter E, Chapter
100B, arising out of gang activity engaged in by the gang.
Sec. 100B.152. DAMAGES. A district, county, or city
attorney, the attorney general, or a resident of the state may sue
for money damages on behalf of a neighborhood or community injured
by a public nuisance under Subchapter E, Chapter 100B.
[Sections 100B.153-100B.200 reserved for expansion]
SUBCHAPTER E. EXECUTION ON JUDGMENT
Sec. 100B.201. LEVY ON PROPERTY OF GANG OR MEMBER. 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.
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.