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.