HBA-NRS H.B. 348 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 348
By: Wise
Civil Practices
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, an appellate or trial court is not able to issue an
injunction to prevent a member of a gang from engaging in gang activities
while a public nuisance trial is pending.  Gang members are able to
continue these actions during the course of the trial, providing no relief
to the complainants.  House Bill 348 authorizes an appellate or trial court
to issue an injunctive order enjoining a gang member from engaging in gang
activity. 

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 348 amends the Civil Practice and Remedies Code to authorize an
appellate or trial court to issue an injunctive order enjoining a member of
a combination or criminal street gang that constitutes a public nuisance
from engaging in the activities of the gang while a case is pending trial
or appeal. The bill provides that the injunctive order expires not later
than the 180th day after the date a temporary injunctive order is issued. 

EFFECTIVE DATE

September 1, 2001.