Texas House Bill HB289

Texas 2011 - 82nd Regular

• Filed: 11/15/10
• Out of House Committee: 3/23/11
• Introduced: 11/15/10
• Voted on by House: 4/8/11
• Refer: 2/15/11
• Out of Senate Committee: 5/19/11
• Voted on by Senate: 5/25/11
• Governor Action: 6/17/11
• Report Pass: 5/19/11
• Enrolled: 5/27/11
• Passed: 6/17/11

Caption

Relating to activity that constitutes maintaining a common nuisance.

Impact

The primary intent of HB 289 is to enhance public safety by discouraging properties from becoming hubs for criminal activity. By holding property owners or occupants liable for allowing these activities to persist, the bill aims to provide law enforcement with better tools to address nuisances that can contribute to broader community issues. Properties that are routinely associated with such behavior could face legal actions, leading to the potential closure or heavy regulation of those spaces.

Summary

House Bill 289 proposes amendments to the Civil Practice and Remedies Code concerning activities that constitute maintaining a common nuisance. The bill specifies a range of activities, including discharge of firearms, organized criminal activity, drug-related offenses, gambling, and various forms of exploitation such as prostitution and trafficking of persons that would classify a location as a common nuisance if such activities are tolerated by the owner or lawful occupant. The bill is focused on increasing accountability for property owners in relation to unlawful actions occurring on their premises.

Contention

Discussion surrounding HB 289 highlights concern over the implications for property rights and the burden placed on property owners. Critics argue that the broad definitions of nuisance could unfairly penalize property owners who may not be able to monitor every activity occurring on their premises. Furthermore, questions arise regarding the enforcement of such laws and the potential for misuse or discrimination against certain neighborhoods or communities, leading to disproportionate effects on vulnerable populations.