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.