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