BILL ANALYSIS

H.B. 289

By: Jackson, Jim

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, the office of the attorney general, a city, county, or district attorney, or an individual is authorized to sue to prohibit the operation of a common nuisance.  A common nuisance is defined as a place where certain criminal activities habitually take place.  H.B. 289 adds to the list of activities that constitute maintaining a common nuisance.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 289 amends the Civil Practice and Remedies Code to add employing a minor at a sexually oriented business as defined by the Local Government Code, trafficking of persons as described by the Penal Code, sexual conduct or performance by a child as described by the Penal Code, or employment harmful to a child as described by the Penal Code to the activities that constitute maintaining a common nuisance by a person who maintains a place to which persons habitually go for purposes of such activities and who knowingly tolerates the activity and furthermore fails to make reasonable attempts to abate the activity.

EFFECTIVE DATE

September 1, 2011.