86R10874 BEE-D
 
  By: Thompson of Harris H.B. No. 2171
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to activities that constitute the criminal offense of
  maintaining or assisting in maintaining a common nuisance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101.70, Alcoholic Beverage Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  In this section, "common nuisance" means:
               (1)  a [A] room, building, boat, structure, or other
  place where alcoholic beverages are sold, bartered, manufactured,
  stored, possessed, or consumed in violation of this code or under
  circumstances contrary to the purposes of this code, the beverages
  themselves, and all property kept or used in the place; or
               (2)  a licensed or permitted premises where
  solicitation of persons for immoral or sexual purposes is permitted
  [, are a common nuisance].
         (a-1)  A person [who maintains or assists in maintaining the
  nuisance] commits an offense if the person:
               (1)  maintains a common nuisance; or
               (2)  assists in maintaining a common nuisance.
         (a-2)  A solicitation under Subsection (a)(2) is presumed if
  an alcoholic beverage is sold or offered for sale for an amount in
  excess of the license or permit holder's listed, advertised, or
  customary price. The presumption may be rebutted only by evidence
  presented under oath.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2019.