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AN ACT
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relating to suits to enjoin gang activity that constitutes a public |
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nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.061(3), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(3) "Gang activity" means the following types of |
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conduct: |
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(A) organized criminal activity as described by |
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Section 71.02, Penal Code; |
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(B) terroristic threat as described by Section |
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22.07, Penal Code; |
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(C) coercing, soliciting, or inducing gang |
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membership as described by Section 22.015, Penal Code; |
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(D) criminal trespass as described by Section |
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30.05, Penal Code; |
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(E) disorderly conduct as described by Section |
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42.01, Penal Code; |
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(F) criminal mischief as described by Section |
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28.03, Penal Code, that causes a pecuniary loss of $500 or more; |
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(G) a graffiti offense in violation of Section |
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28.08, Penal Code[, that:
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[(i)
causes a pecuniary loss of $500 or
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more; or
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[(ii)
occurs at a school, an institution of
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higher education, a place of worship or human cemetery, a public
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monument, or a community center that provides medical, social, or
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educational programs]; |
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(H) a weapons offense in violation of Chapter 46, |
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Penal Code; or |
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(I) unlawful possession of a substance or other |
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item in violation of Chapter 481, Health and Safety Code. |
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SECTION 2. Section 125.067(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) If an appeal is not taken by a person temporarily |
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enjoined under this subchapter, the person is entitled to a trial on |
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the merits not later than the 90th day after the date of the |
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temporary injunctive order, unless otherwise ordered by the court. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1622 was passed by the House on May 3, |
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2011, by the following vote: Yeas 142, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1622 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |