88R5781 MP/SCL-F
By: Blanco S.B. No. 1328
A BILL TO BE ENTITLED
AN ACT
relating to common nuisance remedies and registration and
permitting requirements for the storage of scrap tires.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.0015(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
substance or other item in violation of Chapter 481, Health and
Safety Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution as described by Section 43.02, Penal
Code, solicitation of prostitution as described by Section 43.021,
Penal Code, promotion of prostitution as described by Section
43.03, Penal Code, or aggravated promotion of prostitution as
described by Section 43.04, Penal Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
disabled individual as described by Section 21.02, Penal Code;
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code;
(19) employing or entering into a contract for the
performance of work or the provision of a service with an individual
younger than 21 years of age for work or services performed at a
sexually oriented business as defined by Section 243.002, Local
Government Code;
(20) trafficking of persons as described by Section
20A.02, Penal Code;
(21) sexual conduct or performance by a child as
described by Section 43.25, Penal Code;
(22) employment harmful to a child as described by
Section 43.251, Penal Code;
(23) criminal trespass as described by Section 30.05,
Penal Code;
(24) disorderly conduct as described by Section 42.01,
Penal Code;
(25) arson as described by Section 28.02, Penal Code;
(26) criminal mischief as described by Section 28.03,
Penal Code, that causes a pecuniary loss of $500 or more;
(27) a graffiti offense in violation of Section 28.08,
Penal Code; [or]
(28) permitting an individual younger than 18 years of
age to enter the premises of a sexually oriented business as defined
by Section 243.002, Local Government Code;
(29) storing scrap tires, as defined by Section
361.112, Health and Safety Code, without registering or obtaining a
permit as required by that section or Texas Commission on
Environmental Quality rules adopted under Chapter 361, Health and
Safety Code; or
(30) storing scrap tires, as defined by Section
361.112, Health and Safety Code, in conditions that:
(A) release or threaten to release a hazardous
substance; or
(B) cause or threaten to cause:
(i) air or water pollution; or
(ii) a substantial diminution of value of
other real property in the vicinity of the place on which the scrap
tires are stored.
SECTION 2. Sections 361.112(a), (b), and (f), Health and
Safety Code, are amended to read as follows:
(a) A person may not store more than 200 [500] used or scrap
tires for any period on any publicly or privately owned property
unless the person registers the storage site with the commission.
This subsection does not apply to the storage, protection, or
production of agricultural commodities.
(b) The commission may register a site to store more than
200 [500] used or scrap tires.
(f) A person may not store more than 200 [500] used or scrap
tires or dispose of any quantity of used or scrap tires unless the
tires are shredded, split, or quartered as provided by commission
rule. The commission may grant an exception to this requirement if
the commission finds that circumstances warrant the exception. The
prohibition provided by this subsection regarding storage does not
apply to a registered waste tire energy recovery facility or a waste
tire energy recovery facility storage site. The prohibition
provided by this subsection does not apply to a person who, for
eventual recycling, reuse, or energy recovery, temporarily stores
scrap tires in a designated recycling collection area at a landfill
permitted by the commission or licensed by a county or by a
political subdivision exercising the authority granted by Section
361.165.
SECTION 3. Section 361.1125(a)(2), Health and Safety Code,
is amended to read as follows:
(2) "Scrap tire site" includes any site at which more
than 200 [500] scrap tires are located.
SECTION 4. This Act takes effect September 1, 2023.