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