By: Carona S.B. No. 551
(In the Senate - Filed January 26, 2009; February 23, 2009,
read first time and referred to Committee on State Affairs;
April 15, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; April 15, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 551 By: Carona
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.
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