By: Menendez (Senate Sponsor - Wentworth) H.B. No. 1622
(In the Senate - Received from the House May 4, 2011;
May 5, 2011, read first time and referred to Committee on Criminal
Justice; May 21, 2011, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to suits to enjoin gang activity that constitutes a public
nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.061(3), Civil Practice and Remedies
Code, is amended to read as follows:
(3) "Gang activity" means the following types of
conduct:
(A) organized criminal activity as described by
Section 71.02, Penal Code;
(B) terroristic threat as described by Section
22.07, Penal Code;
(C) coercing, soliciting, or inducing gang
membership as described by Section 22.015, Penal Code;
(D) criminal trespass as described by Section
30.05, Penal Code;
(E) disorderly conduct as described by Section
42.01, Penal Code;
(F) criminal mischief as described by Section
28.03, Penal Code, that causes a pecuniary loss of $500 or more;
(G) a graffiti offense in violation of Section
28.08, Penal Code[, that:
[(i) causes a pecuniary loss of $500 or
more; or
[(ii) occurs at a school, an institution of
higher education, a place of worship or human cemetery, a public
monument, or a community center that provides medical, social, or
educational programs];
(H) a weapons offense in violation of Chapter 46,
Penal Code; or
(I) unlawful possession of a substance or other
item in violation of Chapter 481, Health and Safety Code.
SECTION 2. Section 125.067(c), Civil Practice and Remedies
Code, is amended to read as follows:
(c) If an appeal is not taken by a person temporarily
enjoined under this subchapter, the person is entitled to a trial on
the merits not later than the 90th day after the date of the
temporary injunctive order, unless otherwise ordered by the court.
SECTION 3. 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 accrues 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 4. This Act takes effect September 1, 2011.
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