HBA-MSH C.S.H.B. 848 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 848 By: Hartnett Civil Practices 4/29/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law a person is guilty of maintaining a nuisance if that person knowingly maintains a place to which persons habitually go for certain purposes such as prostitution, illegal gambling, or organized criminal activity. The law also provides that evidence that a person has been convicted of these activities is admissible to show that the defendant in a suit relating to maintaining a common nuisance knew the activity occurred. Current law does not allow the admission of evidence that a person has been arrested for these activities to show knowledge or to show that the act occurred on the premises for that purpose. C.S.H.B. 848 amends provisions relating to admissible evidence in a suit relating to maintaining a common or public nuisance. 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 C.S.H.B. 848 amends the Civil Practice and Remedies Code to provide that evidence that persons have been convicted of or arrested for the offense of maintaining a public or common nuisance in the place involved is admissible to show that the act occurred at that place. The bill provides that the originals or certified copies of the papers and judgments of such convictions or arrests are admissible in a suit for injunction, and oral evidence is admissible to show that an offense for which a person was arrested or convicted was committed at the place involved. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 848 differs from the original by setting forth provisions relating to the admissibility of evidence of an arrest or conviction for the offense of maintaining a common or public nuisance whereas the original added engaging in voluntary acts of public lewdness and indecent exposure to the list of activities that determine if a person creates or maintains a place where acts of public or common nuisance occur.