Bill Text: TX HB1622 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to suits to enjoin gang activity that constitutes a public nuisance.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1622 Detail]

Download: Texas-2011-HB1622-Enrolled.html
 
 
  H.B. No. 1622
 
 
 
 
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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1622 was passed by the House on May 3,
  2011, by the following vote:  Yeas 142, Nays 2, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1622 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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