HB 289 Bill

[Sensia]

http://brandysbedroom.wordpress.com/2011/04/27/hb-289/

82R121 CAE-D

By: Jackson, Anchia, Weber, Thompson, H.B. No. 289
Harless

A BILL TO BE ENTITLED

AN ACT

relating to activity that constitutes maintaining a common

nuisance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 125.0015(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) A person who maintains a place to which persons habitually
go for the following purposes and who knowingly tolerates the activity and furthermore
fails to make reasonable attempts to abate the activity maintains a common nuisance:

(1) discharge of a firearm in a public place as

prohibited by the Penal Code;

(2) reckless discharge of a firearm as prohibited by

the Penal Code;

(3) engaging in organized criminal activity as a

member of a combination as prohibited by the Penal Code;

(4) delivery, possession, manufacture, or use of a

controlled substance in violation of Chapter 481, Health and Safety

Code;

(5) gambling, gambling promotion, or communicating

gambling information as prohibited by the Penal Code;

(6) prostitution, promotion of prostitution, or

aggravated promotion of prostitution as prohibited by the Penal

Code;

(7) compelling prostitution as prohibited by the Penal

Code;

(8) commercial manufacture, commercial distribution,

or commercial exhibition of obscene material as prohibited by the

Penal Code;

(9) aggravated assault as described by Section 22.02,

Penal Code;

(10) sexual assault as described by Section 22.011,

Penal Code;

(11) aggravated sexual assault as described by Section

22.021, Penal Code;

(12) robbery as described by Section 29.02, Penal

Code;

(13) aggravated robbery as described by Section 29.03,

Penal Code;

(14) unlawfully carrying a weapon as described by

Section 46.02, Penal Code;

(15) murder as described by Section 19.02, Penal Code;

(16) capital murder as described by Section 19.03,

Penal Code;

(17) continuous sexual abuse of young child or

children as described by Section 21.02, Penal Code; [or]

(18) massage therapy or other massage services in

violation of Chapter 455, Occupations Code;

(19) employing a minor at a sexually oriented business

as defined by Section 243.002, Local Government Code;

(20) trafficking of persons as described by Section

20A.02, Penal Code;

(21) sexual conduct or performance by a child as

described by Section 43.25, Penal Code; or

(22) employment harmful to a child as described by

Section 43.251, Penal Code.

SECTION 2. The change in law made by this Act applies only

to a cause of action that accrues on or after the effective date of

this Act. A cause of action that accrues before the effective date

of this Act is governed by the law in effect immediately before that

date, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2011.

[Wakeup]

There are actually places "to which persons habitually go for the...purpose" of "aggravated assault", "aggravated robbery", "murder", and "capital murder"?

Damn...I've been hanging out at the wrong Wal Marts...

The text is wrong though. That law's always been there, they are amending it to add sections 19, 20 and 21 about trafficking in persons and child protections...

[Eccie Addict]

What does aggravated assault mean?

I'm assuming it's with a weapon...

[Eccie Addict]

................

[LexusLover]

Originally Posted by Eccie Addict

What does aggravated assault mean?

I'm assuming it's with a weapon...

Not just a "weapon" ... now that is aggravating isn't it?

[Guest050715-1]

I’m actually not quite sure what this is about, but Item # 6 intrigues me. Ok, EA wanted to know what aggravated assault means, but I’m just dieing to find out what aggravated promotion of prostitution is. It's either really hot or it could hurt like hell.

[LexusLover]

Originally Posted by OliviaHoward

It's either really hot or it could hurt like heaven.

Or both.... and I fixed it for you.

[Sensia]

Well it looks as if they are trying to hold land lords, hotel/notel owners liable for allowing things like drugs, prostitution.. at least that is my take on it. That is essentially putting them in a policing situation.

[Jackie S]

how they group those involved in that "egregious crime" of prostitution in with murderers, child molesters, bank robbers etc.

[Capt. Lincoln F. Stern]

Originally Posted by Guilty Pleasures

Well it looks as if they are trying to hold land lords, hotel/notel owners liable for allowing things like drugs, prostitution.. at least that is my take on it. That is essentially putting them in a policing situation.

A long time ago in Houston on South Main the cops decided to stop bugging the johns and the girls.. instead they started "inspecting" the notels around ther where all the activities were happening.. essentially the owners were told indirectly that if they do not let the ladies go there, they won't get inspected and fined for all the issues they will "find"

Making a hotel/notel responsible for what goes on IN their rooms is going to get them in trouble.

[Mr Clever]

Originally Posted by Guilty Pleasures

Well it looks as if they are trying to hold land lords, hotel/notel owners liable for allowing things like drugs, prostitution.. at least that is my take on it. That is essentially putting them in a policing situation.

I don't think that's what it saying.....I'm reading that its now illegal to lease an apartment to solicit prostitution and/or manufacture drugs.

Its known by law enforcement that drug dealers lease apartments and fill it with microwaves for cooking rocks...and apartments are leased out by entrepreneurs to get their naughty on. Its now illegal is what that bill is saying. Another reason to bust down the door and another charge.

[LexusLover]

Originally Posted by Mr Clever

Another reason to bust down the door and another charge.

Given the customary lease agreement the landlord may "inspect" and its easier to charge the person leasing the apartment of "allowing" such stuff to happen inside than it is to prove the actual event.