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.