HBA-MSH H.B. 848 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 848
By: Hartnett
Civil Practices
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law a person is guilty of maintaining a nuisance if that
person knowingly maintains a place to which persons habitually go for
certain purposes such as prostitution, illegal gambling, or organized
criminal activity.  The law does not include voluntary acts of public
lewdness and voluntary acts of indecent exposure.  The persons who engage
in these activities may be arrested, but the proprietors of establishments
where the acts occur cannot be prosecuted, thereby providing no incentive
for the proprietors to curtail these activities.  House Bill 848 includes
engaging in voluntary acts of public lewdness and indecent exposure in the
list of activities that determine if a person creates or maintains a public
nuisance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 848 amends the Civil Practice and Remedies Code to include
engaging in voluntary acts of public lewdness and indecent exposure in the
list of activities that determine if a person creates or maintains a place
where acts of public or common nuisance occur. 

EFFECTIVE DATE

September 1, 2001.