Texas 2011 - 82nd Regular

Texas House Bill HB1622 Compare Versions

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1	1	By: Menendez (Senate Sponsor - Wentworth) H.B. No. 1622
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to suits to enjoin gang activity that constitutes a public
11	11	nuisance.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 125.061(3), Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	(3) "Gang activity" means the following types of
16	16	conduct:
17	17	(A) organized criminal activity as described by
18	18	Section 71.02, Penal Code;
19	19	(B) terroristic threat as described by Section
20	20	22.07, Penal Code;
21	21	(C) coercing, soliciting, or inducing gang
22	22	membership as described by Section 22.015, Penal Code;
23	23	(D) criminal trespass as described by Section
24	24	30.05, Penal Code;
25	25	(E) disorderly conduct as described by Section
26	26	42.01, Penal Code;
27	27	(F) criminal mischief as described by Section
28	28	28.03, Penal Code, that causes a pecuniary loss of $500 or more;
29	29	(G) a graffiti offense in violation of Section
30	30	28.08, Penal Code[, that:
31	31	[(i) causes a pecuniary loss of $500 or
32	32	more; or
33	33	[(ii) occurs at a school, an institution of
34	34	higher education, a place of worship or human cemetery, a public
35	35	monument, or a community center that provides medical, social, or
36	36	educational programs];
37	37	(H) a weapons offense in violation of Chapter 46,
38	38	Penal Code; or
39	39	(I) unlawful possession of a substance or other
40	40	item in violation of Chapter 481, Health and Safety Code.
41	41	SECTION 2. Section 125.067(c), Civil Practice and Remedies
42	42	Code, is amended to read as follows:
43	43	(c) If an appeal is not taken by a person temporarily
44	44	enjoined under this subchapter, the person is entitled to a trial on
45	45	the merits not later than the 90th day after the date of the
46	46	temporary injunctive order, unless otherwise ordered by the court.
47	47	SECTION 3. The change in law made by this Act applies only
48	48	to a cause of action that accrues on or after the effective date of
49	49	this Act. A cause of action that accrues before the effective date
50	50	of this Act is governed by the law in effect immediately before the
51	51	effective date of this Act, and that law is continued in effect for
52	52	that purpose.
53	53	SECTION 4. This Act takes effect September 1, 2011.
54	54	* * * * *