Texas 2023 - 88th Regular

Texas Senate Bill SB1328 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5781 MP/SCL-F
2	2	By: Blanco S.B. No. 1328
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to common nuisance remedies and registration and
8	8	permitting requirements for the storage of scrap tires.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 125.0015(a), Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	(a) A person who maintains a place to which persons
13	13	habitually go for the following purposes and who knowingly
14	14	tolerates the activity and furthermore fails to make reasonable
15	15	attempts to abate the activity maintains a common nuisance:
16	16	(1) discharge of a firearm in a public place as
17	17	prohibited by the Penal Code;
18	18	(2) reckless discharge of a firearm as prohibited by
19	19	the Penal Code;
20	20	(3) engaging in organized criminal activity as a
21	21	member of a combination as prohibited by the Penal Code;
22	22	(4) delivery, possession, manufacture, or use of a
23	23	substance or other item in violation of Chapter 481, Health and
24	24	Safety Code;
25	25	(5) gambling, gambling promotion, or communicating
26	26	gambling information as prohibited by the Penal Code;
27	27	(6) prostitution as described by Section 43.02, Penal
28	28	Code, solicitation of prostitution as described by Section 43.021,
29	29	Penal Code, promotion of prostitution as described by Section
30	30	43.03, Penal Code, or aggravated promotion of prostitution as
31	31	described by Section 43.04, Penal Code;
32	32	(7) compelling prostitution as prohibited by the Penal
33	33	Code;
34	34	(8) commercial manufacture, commercial distribution,
35	35	or commercial exhibition of obscene material as prohibited by the
36	36	Penal Code;
37	37	(9) aggravated assault as described by Section 22.02,
38	38	Penal Code;
39	39	(10) sexual assault as described by Section 22.011,
40	40	Penal Code;
41	41	(11) aggravated sexual assault as described by Section
42	42	22.021, Penal Code;
43	43	(12) robbery as described by Section 29.02, Penal
44	44	Code;
45	45	(13) aggravated robbery as described by Section 29.03,
46	46	Penal Code;
47	47	(14) unlawfully carrying a weapon as described by
48	48	Section 46.02, Penal Code;
49	49	(15) murder as described by Section 19.02, Penal Code;
50	50	(16) capital murder as described by Section 19.03,
51	51	Penal Code;
52	52	(17) continuous sexual abuse of young child or
53	53	disabled individual as described by Section 21.02, Penal Code;
54	54	(18) massage therapy or other massage services in
55	55	violation of Chapter 455, Occupations Code;
56	56	(19) employing or entering into a contract for the
57	57	performance of work or the provision of a service with an individual
58	58	younger than 21 years of age for work or services performed at a
59	59	sexually oriented business as defined by Section 243.002, Local
60	60	Government Code;
61	61	(20) trafficking of persons as described by Section
62	62	20A.02, Penal Code;
63	63	(21) sexual conduct or performance by a child as
64	64	described by Section 43.25, Penal Code;
65	65	(22) employment harmful to a child as described by
66	66	Section 43.251, Penal Code;
67	67	(23) criminal trespass as described by Section 30.05,
68	68	Penal Code;
69	69	(24) disorderly conduct as described by Section 42.01,
70	70	Penal Code;
71	71	(25) arson as described by Section 28.02, Penal Code;
72	72	(26) criminal mischief as described by Section 28.03,
73	73	Penal Code, that causes a pecuniary loss of $500 or more;
74	74	(27) a graffiti offense in violation of Section 28.08,
75	75	Penal Code; [or]
76	76	(28) permitting an individual younger than 18 years of
77	77	age to enter the premises of a sexually oriented business as defined
78	78	by Section 243.002, Local Government Code;
79	79	(29) storing scrap tires, as defined by Section
80	80	361.112, Health and Safety Code, without registering or obtaining a
81	81	permit as required by that section or Texas Commission on
82	82	Environmental Quality rules adopted under Chapter 361, Health and
83	83	Safety Code; or
84	84	(30) storing scrap tires, as defined by Section
85	85	361.112, Health and Safety Code, in conditions that:
86	86	(A) release or threaten to release a hazardous
87	87	substance; or
88	88	(B) cause or threaten to cause:
89	89	(i) air or water pollution; or
90	90	(ii) a substantial diminution of value of
91	91	other real property in the vicinity of the place on which the scrap
92	92	tires are stored.
93	93	SECTION 2. Sections 361.112(a), (b), and (f), Health and
94	94	Safety Code, are amended to read as follows:
95	95	(a) A person may not store more than 200 [500] used or scrap
96	96	tires for any period on any publicly or privately owned property
97	97	unless the person registers the storage site with the commission.
98	98	This subsection does not apply to the storage, protection, or
99	99	production of agricultural commodities.
100	100	(b) The commission may register a site to store more than
101	101	200 [500] used or scrap tires.
102	102	(f) A person may not store more than 200 [500] used or scrap
103	103	tires or dispose of any quantity of used or scrap tires unless the
104	104	tires are shredded, split, or quartered as provided by commission
105	105	rule. The commission may grant an exception to this requirement if
106	106	the commission finds that circumstances warrant the exception. The
107	107	prohibition provided by this subsection regarding storage does not
108	108	apply to a registered waste tire energy recovery facility or a waste
109	109	tire energy recovery facility storage site. The prohibition
110	110	provided by this subsection does not apply to a person who, for
111	111	eventual recycling, reuse, or energy recovery, temporarily stores
112	112	scrap tires in a designated recycling collection area at a landfill
113	113	permitted by the commission or licensed by a county or by a
114	114	political subdivision exercising the authority granted by Section
115	115	361.165.
116	116	SECTION 3. Section 361.1125(a)(2), Health and Safety Code,
117	117	is amended to read as follows:
118	118	(2) "Scrap tire site" includes any site at which more
119	119	than 200 [500] scrap tires are located.
120	120	SECTION 4. This Act takes effect September 1, 2023.