Texas 2009 - 81st Regular

Texas Senate Bill SB709

Filed
 
Out of Senate Committee
3/26/09  
Voted on by Senate
4/9/09  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to activity that constitutes maintaining a common nuisance.

Impact

If enacted, SB709 would enhance the authority of law enforcement to address establishments that become hotspots for criminal conduct. It explicitly defines actions that would constitute a common nuisance, allowing the state to take legal measures against property owners or operators who fail to manage such activities effectively. The bill's passage could lead to increased accountability for property owners and facilitate community efforts to reduce crime and promote public safety. Additionally, it may serve as a deterrent for those engaged in or enabling illegal behavior, thereby potentially lowering crime rates in affected areas.

Summary

Senate Bill 709 seeks to amend the Civil Practice and Remedies Code, specifically regarding what constitutes maintaining a common nuisance. It introduces a comprehensive list of activities that are deemed to contribute to such a nuisance, including various criminal activities like discharging firearms in public, organized crime, drug offenses, and prostitution. The bill aims to clarify and strengthen the legal framework for addressing places where these unlawful activities are habitually tolerated. The intent is to empower law enforcement to take action against locations that harbor persistent illegal activities and pose a risk to community safety.

Contention

While the bill may garner support for its focus on public safety, there are notable points of contention. Some critics may argue that expanding the definition of common nuisance could lead to overreach, where property owners are unfairly penalized for the actions of individuals. Concerns exist regarding the balance between enforcing laws and maintaining the rights of citizens, particularly in neighborhoods where external factors contribute to crime. Additionally, the implications of such a bill can lead to increased police presence and potential discrimination in enforcement, prompting discussions about best practices for ensuring fair application of the law.

Companion Bills

TX HB123

Similar Relating to activity that constitutes maintaining a common nuisance.

Previously Filed As

TX HB569

Relating to activities the tolerance of which may constitute maintenance of a common nuisance.

TX SB1328

Relating to common nuisance remedies and registration and permitting requirements for the storage of scrap tires.

TX HB4014

Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.

TX HB1343

Relating to prohibiting carrying a firearm while intoxicated; creating a criminal offense.

TX HB312

Relating to the criminal offense of carrying a handgun while intoxicated.

TX HB2086

Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.

TX SB2305

Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.

TX HB1533

Relating to the prosecution of organized criminal activity involving a controlled substance or dangerous drug.

TX HB67

Relating to the prosecution of organized criminal activity involving a controlled substance or dangerous drug.

TX SB1709

Relating to the prosecution of the offenses of sedition and engaging in organized criminal activity; increasing criminal penalties.

Similar Bills

No similar bills found.