87(R) SB 1036 - Introduced version - Bill Text

	87R6382 SCL/MCK/JAM-D
	By:  Huffman	S.B.  No.  1036

	A BILL TO BE ENTITLED
	AN ACT
	relating to regulation of certain facilities and establishments
	with respect to, civil remedies for certain criminal activities
	affecting, and certain criminal offenses involving health, safety,
	and welfare; creating a criminal offense; increasing criminal
	penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 11.44(b), Alcoholic Beverage Code, is
	amended to read as follows:
	(b)    The commission shall deny an application for a permit or
	license for any location of an applicant who submitted a prior
	application that expired or was voluntarily surrendered before the
	hearing on the application was held on a protest involving
	allegations of prostitution, a shooting, stabbing, or other violent
	act, or an offense involving drugs, [or] trafficking of persons, or
	drink solicitation as described by Section 104.01 before the third
	anniversary of the date the prior application expired or was
	voluntarily surrendered.
	SECTION  2.    Section 11.46(c), Alcoholic Beverage Code, is
	amended to read as follows:
	(c)    The commission shall deny for a period of one year after
	cancellation an application for a mixed beverage permit or private
	club registration permit for a premises where a license or permit
	has been canceled during the preceding 12 months as a result of:
	(1)    a shooting, stabbing, or other violent act; [,] or
	(2)    [as a result of] an offense involving drugs,
	prostitution, [or] trafficking of persons, or drink solicitation as
	described by Section 104.01.
	SECTION  3.    Section 61.42(c), Alcoholic Beverage Code, as
	effective September 1, 2021, is amended to read as follows:
	(c)    The commission shall deny for a period of one year an
	application for a retail dealer's on-premise license or a wine and
	malt beverage retailer's permit for a premises where a license or
	permit has been canceled during the preceding 12 months as a result
	of:
	(1)    a shooting, stabbing, or other violent act; [,] or
	(2)    [as a result of] an offense involving drugs,
	prostitution, [or] trafficking of persons, or drink solicitation as
	described by Section 104.01.
	SECTION  4.    Section 125.0017, Civil Practice and Remedies
	Code, as added by Chapter 858 (H.B. 2552), Acts of the 85th
	Legislature, Regular Session, 2017, is amended to read as follows:
	Sec.  125.0017.    NOTICE BY LAW ENFORCEMENT OF [ARREST FOR]
	CERTAIN ACTIVITIES. If a law enforcement agency has reason to
	believe [makes an arrest related to] an activity described by
	Section 125.0015(a)(6), (7), or (18) has occurred [that occurs] at
	property leased to a person operating a massage establishment as
	defined by Section 455.001, Occupations Code, [not later than the
	seventh day after the date of the arrest,] the law enforcement
	agency may [shall] provide written notice by certified mail to each
	person maintaining the property of the alleged activity [arrest].
	SECTION  5.    Section 125.0025(b), Civil Practice and Remedies
	Code, is amended to read as follows:
	(b)    Except as provided by Section 125.005 [125.003(d)], on a
	finding that a web address or computer network is a common nuisance,
	the sole remedy available is a judicial finding issued to the
	attorney general.
	SECTION  6.    Sections 125.004(a-1) and (a-2), Civil Practice
	and Remedies Code, are amended to read as follows:
	(a-1)    Proof in the form of a person's arrest or the
	testimony of a law enforcement agent that an activity described by
	Section 125.0015(a)(6) or (7) is committed at a place licensed as a
	massage establishment under Chapter 455, Occupations Code, or
	advertised as offering massage therapy or massage services, after
	notice [of an arrest] was provided to the defendant in accordance
	with Section 125.0017, is prima facie evidence that the defendant:
	(1)    knowingly tolerated the activity; and
	(2)    did not make a reasonable attempt to abate the
	activity.
	(a-2)    Proof that an activity described by Section
	125.0015(a)(18) is committed at a place maintained by the
	defendant, after notice [of an arrest] was provided to the
	defendant in accordance with Section 125.0017, is prima facie
	evidence that the defendant:
	(1)    knowingly tolerated the activity; and
	(2)    did not make a reasonable attempt to abate the
	activity.