HBA-ATS H.B. 3378 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3378
By: George
Civil Practices
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

In many cities throughout Texas stand abandoned buildings and homes.  These
abandoned structures attract criminals who use them as a place from which
to sell narcotics.  To combat the use of such buildings for illegal
activities, municipal authorities fine the owners, who are often absent,
for various violations of health and safety codes.  In addition, the
habitual use of these abandoned structures for narcotics dealings can
constitute a public nuisance under Section 125.021 (Public Nuisance), Civil
Practice and Remedies Code.   If the use constitutes a public nuisance, the
city attorney is authorized to sue to enjoin the use of the place.
Buildings that are condemned as public nuisances may have a lien placed on
them or be destroyed.  Neither option allows the parties involved to
recover any costs or the property to be used for the community's benefits. 

H.B. 3378 authorizes a court to order that property determined under
Section 125.022 (Suit to Abate Public Nuisance), Civil Practice and
Remedies Code, to be a nuisance be conveyed to a nonprofit neighborhood
association to be used for a public purpose if requested to do so by the
owner.  Such a transfer is in lieu of any penalty the court may impose,
including a fine of not less than $1,000 nor more than $10,000, confinement
in jail for a term of not less than 10 nor more than 30 days,  or both fine
and confinement. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 125.022, Civil Practice and Remedies Code, by
adding Subsection (h), as follows: 

(h) Authorizes a court to order that property determined under this section
to be a nuisance be conveyed to a nonprofit neighborhood association to be
used for a public purpose if requested to do so by the owner.  Provides
that a transfer under this subsection is in place of any penalty the court
may impose under Subsection (e) (relating to violation of a temporary or
permanent injunctive order). 

SECTION 2.Emergency clause.
  Effective date: upon passage.