Texas 2019 - 86th Regular

Texas House Bill HB2171

Caption

Relating to activities that constitute the criminal offense of maintaining or assisting in maintaining a common nuisance.

Impact

The changes instated by HB 2171 have significant implications on state law regarding the operation of businesses that sell or serve alcohol. Particularly, the amendment provides a clearer framework for law enforcement to address establishments posing risks to public order through illegal activities. By stipulating the conditions that lead to the presumption of maintaining a common nuisance, the bill intends to empower local authorities to take action against problematic establishments, potentially reducing incidents of substance abuse and related criminal activities.

Summary

House Bill 2171 addresses the criminal offense of maintaining or assisting in maintaining a 'common nuisance,' specifically in the context of alcoholic beverage establishments in Texas. The bill amends existing regulations within the Alcoholic Beverage Code to clarify what constitutes a common nuisance. A common nuisance is identified as a location where alcoholic beverages are implicated in illegal sales or where there are solicitations for immoral purposes. The bill introduces new definitions and outlines the responsibilities and liabilities for maintaining such nuisances.

Contention

While the bill aims to enhance the legality of alcohol-related activities in Texas, it has garnered some contention regarding potential overreach. Critics may argue that the definition of 'common nuisance' could be too broad, leading to increased legal actions against businesses for minor infractions. There are concerns that this could stifle legitimate businesses due to the fear of being classified as a common nuisance even if their operations do not contribute to societal harm. The balance between ensuring public safety and allowing business operations to flourish remains a critical point of debate in the discussions surrounding HB 2171.

Companion Bills

No companion bills found.

Previously Filed As

TX HB2860

Relating to maintaining certain voter registration information and reviewing ballots voted by mail; creating criminal offenses.

TX HB569

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

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 SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB285

Relating to the expulsion of public school students for engaging in conduct that constitutes serious offenses.

TX SB1788

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.

Similar Bills

No similar bills found.