HBA-DMH H.B. 3402 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3402
By: Villarreal, Mike
Civil Practices
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the state may prosecute an individual for a public
nuisance if the individual engages in organized criminal activity.  If the
court finds that an individual's activities constitute a public nuisance,
the court may enter an order enjoining the individual from engaging in the
organized criminal activity and may include reasonable requirements to
prevent further use of a place for organized criminal activity.  House Bill
3402 adds to the offenses that are considered "gang activities" and
modifies court authority for entering an order regarding a public nuisance
for combination or criminal street gang activities. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3402 amends the Civil Practice and Remedies Code to include in
the authority of a court which finds that a combination or criminal street
gang that constitutes a public nuisance the authority to enter an order
imposing reasonable requirements to prevent the combination or gang from
engaging in future gang activities.  The bill expands the definition of
"gang activities" and replaces references to "organized criminal activity"
or "organized criminal activities" with "gang activity" or "gang
activities." 

EFFECTIVE DATE

September 1, 2001.