Texas House Bill HB3338

Texas 2021 - 87th Regular

Caption

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

Impact

If enacted, HB3338 will result in heightened responsibilities for property owners regarding their duty to manage illicit activities occurring on their premises. The bill aims to facilitate a more proactive approach in combating activities that lead to public endangerment and deterioration of community safety. This would further empower local authorities and law enforcement to act decisively against properties implicated in such misdeeds, potentially leading to legal consequences for property owners who fail to intervene.

Summary

House Bill 3338 seeks to clarify and expand the definition of activities that may constitute the maintenance of a common nuisance in Texas. The bill specifically outlines various criminal activities, such as the discharge of firearms, drug-related offenses, gambling, and various forms of violence and abuse, which, if tolerated by property owners, could be considered a common nuisance. This enhanced definition is aimed at providing law enforcement with clearer grounds to address situations where property becomes a haven for criminal behavior.

Contention

The bill may raise concerns regarding the burden placed on property owners to monitor and control activities on their property. Critics could argue that the legislation may lead to an overreach, placing undue liability on landlords and property managers, particularly in a climate where criminal activities are often beyond their control. Furthermore, discussions surrounding the bill may evoke debates over the balance between property rights and societal safety, with proponents emphasizing community well-being and opponents worrying about potential abuses of the law.