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  | S.B. No. 1900 |
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relating to foreign terrorist organizations, including the | ||
compilation of information regarding, certain civil actions | ||
brought against, and the prosecution of certain organized crime | ||
offenses involving a foreign terrorist organization and of | ||
sedition. | ||
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
       SECTION 1.  The heading to Subchapter D, Chapter 125, Civil | ||
Practice and Remedies Code, is amended to read as follows: | ||
SUBCHAPTER D.  MEMBERSHIP IN CRIMINAL STREET GANG OR FOREIGN | ||
TERRORIST ORGANIZATION | ||
       SECTION 2.  Sections 125.061(1) and (3), Civil Practice and | ||
Remedies Code, are amended to read as follows: | ||
             (1)  "Combination," [ |
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"foreign terrorist organization" have the meanings assigned by | ||
Section 71.01, Penal Code. | ||
             (3)  "Gang activity" means the following types of | ||
conduct: | ||
                   (A)  organized criminal activity as described by | ||
Section 71.02, Penal Code; | ||
                   (B)  terroristic threat as described by Section | ||
22.07, Penal Code; | ||
                   (C)  coercing, inducing, or soliciting[ |
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terrorist organization as described by Section 71.022(a) or (a-1), | ||
Penal Code; | ||
                   (D)  criminal trespass as described by Section | ||
30.05, Penal Code; | ||
                   (E)  disorderly conduct as described by Section | ||
42.01, Penal Code; | ||
                   (F)  criminal mischief as described by Section | ||
28.03, Penal Code, that causes a pecuniary loss of $500 or more; | ||
                   (G)  a graffiti offense in violation of Section | ||
28.08, Penal Code; | ||
                   (H)  a weapons offense in violation of Chapter 46, | ||
Penal Code; or | ||
                   (I)  unlawful possession of a substance or other | ||
item in violation of Chapter 481, Health and Safety Code. | ||
       SECTION 3.  Section 125.062, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
       Sec. 125.062.  PUBLIC NUISANCE; COMBINATION. A | ||
combination, [ |
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organization that continuously or regularly associates in gang | ||
activities is a public nuisance. | ||
       SECTION 4.  Section 125.063, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
       Sec. 125.063.  PUBLIC NUISANCE; USE OF PLACE. The habitual | ||
use of a place by a combination, [ |
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foreign terrorist organization for engaging in gang activity is a | ||
public nuisance. | ||
       SECTION 5.  Section 125.064(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
       (b)  Any person who habitually associates with others to | ||
engage in gang activity as a member of a combination, [ |
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street gang, or foreign terrorist organization may be made a | ||
defendant in the suit. Any person who owns or is responsible for | ||
maintaining a place that is habitually used for engaging in gang | ||
activity may be made a defendant in the suit. | ||
       SECTION 6.  Section 125.065(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
       (a)  If the court finds that a combination, [ |
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street gang, or foreign terrorist organization constitutes a public | ||
nuisance, the court may enter an order: | ||
             (1)  enjoining a defendant in the suit from engaging in | ||
the gang activities of the combination, [ |
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or foreign terrorist organization; and | ||
             (2)  imposing other reasonable requirements to prevent | ||
the combination, [ |
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organization from engaging in future gang activities. | ||
       SECTION 7.  Section 125.069, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
       Sec. 125.069.  USE OF PLACE; EVIDENCE. In an action brought | ||
under this subchapter, proof that gang activity by a member of a | ||
combination, [ |
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Statutes affected: Introduced: Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023, Property Code 5.005 (Civil Practice and Remedies Code 125, Penal Code 71, Property Code 5) Senate Committee Report: Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023 (Civil Practice and Remedies Code 125, Penal Code 71, Property Code 5) Engrossed: Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023 (Civil Practice and Remedies Code 125, Penal Code 71, Property Code 5) House Committee Report: Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Practice and Remedies Code 125.063, Civil Practice and Remedies Code 125.064, Civil Practice and Remedies Code 125.065, Civil Practice and Remedies Code 125.069, Civil Practice and Remedies Code 125.070, Penal Code 71.01, Penal Code 71.02, Penal Code 71.022, Penal Code 71.023 (Civil Practice and Remedies Code 125, Penal Code 71, Property Code 5) Enrolled: Civil Practice and Remedies Code 125.061, Civil Practice and Remedies Code 125.062, Civil Pract |