| 1 | 1 | | 86R10874 BEE-D |
|---|
| 2 | 2 | | By: Thompson of Harris H.B. No. 2171 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to activities that constitute the criminal offense of |
|---|
| 8 | 8 | | maintaining or assisting in maintaining a common nuisance. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 101.70, Alcoholic Beverage Code, is |
|---|
| 11 | 11 | | amended by amending Subsection (a) and adding Subsections (a-1) and |
|---|
| 12 | 12 | | (a-2) to read as follows: |
|---|
| 13 | 13 | | (a) In this section, "common nuisance" means: |
|---|
| 14 | 14 | | (1) a [A] room, building, boat, structure, or other |
|---|
| 15 | 15 | | place where alcoholic beverages are sold, bartered, manufactured, |
|---|
| 16 | 16 | | stored, possessed, or consumed in violation of this code or under |
|---|
| 17 | 17 | | circumstances contrary to the purposes of this code, the beverages |
|---|
| 18 | 18 | | themselves, and all property kept or used in the place; or |
|---|
| 19 | 19 | | (2) a licensed or permitted premises where |
|---|
| 20 | 20 | | solicitation of persons for immoral or sexual purposes is permitted |
|---|
| 21 | 21 | | [, are a common nuisance]. |
|---|
| 22 | 22 | | (a-1) A person [who maintains or assists in maintaining the |
|---|
| 23 | 23 | | nuisance] commits an offense if the person: |
|---|
| 24 | 24 | | (1) maintains a common nuisance; or |
|---|
| 25 | 25 | | (2) assists in maintaining a common nuisance. |
|---|
| 26 | 26 | | (a-2) A solicitation under Subsection (a)(2) is presumed if |
|---|
| 27 | 27 | | an alcoholic beverage is sold or offered for sale for an amount in |
|---|
| 28 | 28 | | excess of the license or permit holder's listed, advertised, or |
|---|
| 29 | 29 | | customary price. The presumption may be rebutted only by evidence |
|---|
| 30 | 30 | | presented under oath. |
|---|
| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
|---|
| 33 | 33 | | An offense committed before the effective date of this Act is |
|---|
| 34 | 34 | | governed by the law in effect on the date the offense was committed, |
|---|
| 35 | 35 | | and the former law is continued in effect for that purpose. For |
|---|
| 36 | 36 | | purposes of this section, an offense was committed before the |
|---|
| 37 | 37 | | effective date of this Act if any element of the offense occurred |
|---|
| 38 | 38 | | before that date. |
|---|
| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|