HB 289

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	82R121 CAE-D

 	 By: Jackson, Anchia, Weber, Thompson,	H.B. No. 289
 	     Harless

A BILL TO BE ENTITLED

AN ACT

 	relating to activity that constitutes maintaining a common

 	nuisance.

 	       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

 	controlled substance 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, promotion of prostitution, or

 	aggravated promotion of prostitution as prohibited by the 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

 	children as described by Section 21.02, Penal Code; [or]

 	             (18)  massage therapy or other massage services in

 	violation of Chapter 455, Occupations Code;

 	             (19)  employing a minor 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; or

 	             (22)  employment harmful to a child as described by

 	Section 43.251, Penal Code.

 	       SECTION 2.  The change in law made by this Act applies only

 	to a cause of action that accrues on or after the effective date of

 	this Act. A cause of action that accrues before the effective date

 	of this Act is governed by the law in effect immediately before that

 	date, and that law is continued in effect for that purpose.

 	       SECTION 3.  This Act takes effect September 1, 2011.


5 Comments

Filed under Texas Legislature

5 responses to “HB 289

  1. So, being that I am not a lawyer, what exactly does this mean for escorts? Is this something that affects the hotels/notels that the ladies visit?

  2. bdevereaux

    I think the effect that this will have is more pressure for landlords, business owners (including hotel/notel management) to be on the lookout and NOT allow even questionable activities. This is going to increase displacement onto the streets for some workers. Note even unlicensed massage therapy is on there. So not only are our abilities to make a living under fire, it is less likely for us to find an indoor place to conduct our business. Yes yes proof and all that. Before, landlords were more likely to rent to someone who may fall under the non harmful categories above (straight prostitution or massage therapy) because simply they needed to fill the space for rent income. I see this as giving them less inclination to do so. I have known some landlords who would rent to quiet adult escorts as long as they didn’t create a nuisance. With this, if a girl gets busted in her apartment the landlord is liable. Sure he can SAY he didn’t know but the burden of proof will be on them (in other words the rental application better have sound, reasonable income explanations from the renter). For you and I, it may not matter … for some however, it would mean having a more difficult time finding a place to live or a place to do biz. Either way, I thought it was an interesting bill that could have consequences to some out there.

  3. Ah, ok that is what I was sort of thinking. Well I know there is some provision in a Texas law where landlords, apartments are not allowed to rent/lease to anyone who has been convicted of a prostitution charge. I need to see if I can dig that up somewhere. It seems they are putting the hotels/notels and apartment leasors in a position of policing again. This would have to be challenged by these entities if they start hitting them hard on this. I agree they are just going to push more women out onto the streets thereby making it far more dangerous for women.

  4. (the usual caution, I am not a lawyer, applies)

    Indeed some of the discussion above may prove accurate, but imho, LE isn’t going to prosecute any landlord (or hotel, for that matter) unless there is a pattern of such behavior. No law can deny a presumption of “innocent” prior to a finding by a court that a prosecution is appropriate.

    However, presumptions can certainly cause landlords and hotels to more seriously question prospective tenants and guest.

    • bdevereaux

      I’m seeing it as a scare tactic. Not so much something that LE is going to actually go out and investigate without probable cause, but putting forth a warning to property owners that they will fall under this if an investigation comes about.

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