88R5781 MP/SCL-F     By: Blanco S.B. No. 1328       A BILL TO BE ENTITLED   AN ACT   relating to common nuisance remedies and registration and   permitting requirements for the storage of scrap tires.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 125.0015(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A person who maintains a place to which persons   habitually go for the following purposes and who knowingly   tolerates the activity and furthermore fails to make reasonable   attempts to abate the activity maintains a common nuisance:                (1)  discharge of a firearm in a public place as   prohibited by the Penal Code;                (2)  reckless discharge of a firearm as prohibited by   the Penal Code;                (3)  engaging in organized criminal activity as a   member of a combination as prohibited by the Penal Code;                (4)  delivery, possession, manufacture, or use of a   substance or other item in violation of Chapter 481, Health and   Safety Code;                (5)  gambling, gambling promotion, or communicating   gambling information as prohibited by the Penal Code;                (6)  prostitution as described by Section 43.02, Penal   Code, solicitation of prostitution as described by Section 43.021,   Penal Code, promotion of prostitution as described by Section   43.03, Penal Code, or aggravated promotion of prostitution as   described by Section 43.04, Penal Code;                (7)  compelling prostitution as prohibited by the Penal   Code;                (8)  commercial manufacture, commercial distribution,   or commercial exhibition of obscene material as prohibited by the   Penal Code;                (9)  aggravated assault as described by Section 22.02,   Penal Code;                (10)  sexual assault as described by Section 22.011,   Penal Code;                (11)  aggravated sexual assault as described by Section   22.021, Penal Code;                (12)  robbery as described by Section 29.02, Penal   Code;                (13)  aggravated robbery as described by Section 29.03,   Penal Code;                (14)  unlawfully carrying a weapon as described by   Section 46.02, Penal Code;                (15)  murder as described by Section 19.02, Penal Code;                (16)  capital murder as described by Section 19.03,   Penal Code;                (17)  continuous sexual abuse of young child or   disabled individual as described by Section 21.02, Penal Code;                (18)  massage therapy or other massage services in   violation of Chapter 455, Occupations Code;                (19)  employing or entering into a contract for the   performance of work or the provision of a service with an individual   younger than 21 years of age for work or services performed at a   sexually oriented business as defined by Section 243.002, Local   Government Code;                (20)  trafficking of persons as described by Section   20A.02, Penal Code;                (21)  sexual conduct or performance by a child as   described by Section 43.25, Penal Code;                (22)  employment harmful to a child as described by   Section 43.251, Penal Code;                (23)  criminal trespass as described by Section 30.05,   Penal Code;                (24)  disorderly conduct as described by Section 42.01,   Penal Code;                (25)  arson as described by Section 28.02, Penal Code;                (26)  criminal mischief as described by Section 28.03,   Penal Code, that causes a pecuniary loss of $500 or more;                (27)  a graffiti offense in violation of Section 28.08,   Penal Code; [or]                (28)  permitting an individual younger than 18 years of   age to enter the premises of a sexually oriented business as defined   by Section 243.002, Local Government Code;                (29)  storing scrap tires, as defined by Section   361.112, Health and Safety Code, without registering or obtaining a   permit as required by that section or Texas Commission on   Environmental Quality rules adopted under Chapter 361, Health and   Safety Code; or                (30)  storing scrap tires, as defined by Section   361.112, Health and Safety Code, in conditions that:                      (A)  release or threaten to release a hazardous   substance; or                      (B)  cause or threaten to cause:                            (i)  air or water pollution; or                            (ii)  a substantial diminution of value of   other real property in the vicinity of the place on which the scrap   tires are stored.          SECTION 2.  Sections 361.112(a), (b), and (f), Health and   Safety Code, are amended to read as follows:          (a)  A person may not store more than 200 [500] used or scrap   tires for any period on any publicly or privately owned property   unless the person registers the storage site with the commission.   This subsection does not apply to the storage, protection, or   production of agricultural commodities.          (b)  The commission may register a site to store more than   200 [500] used or scrap tires.          (f)  A person may not store more than 200 [500] used or scrap   tires or dispose of any quantity of used or scrap tires unless the   tires are shredded, split, or quartered as provided by commission   rule. The commission may grant an exception to this requirement if   the commission finds that circumstances warrant the exception. The   prohibition provided by this subsection regarding storage does not   apply to a registered waste tire energy recovery facility or a waste   tire energy recovery facility storage site. The prohibition   provided by this subsection does not apply to a person who, for   eventual recycling, reuse, or energy recovery, temporarily stores   scrap tires in a designated recycling collection area at a landfill   permitted by the commission or licensed by a county or by a   political subdivision exercising the authority granted by Section   361.165.          SECTION 3.  Section 361.1125(a)(2), Health and Safety Code,   is amended to read as follows:                (2)  "Scrap tire site" includes any site at which more   than 200 [500] scrap tires are located.          SECTION 4.  This Act takes effect September 1, 2023.