By Hartnett H.B. No. 848
77R2510 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to activities that constitute a common or public nuisance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 125.001(a), Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 (a) A person who knowingly maintains a place to which
1-7 persons habitually go for the following purposes maintains a common
1-8 nuisance:
1-9 (1) prostitution or gambling in violation of the Penal
1-10 Code;
1-11 (2) discharge of a firearm in a public place in
1-12 violation of Section 42.01(a)(9), Penal Code;
1-13 (3) reckless discharge of a firearm as described by
1-14 Section 42.12, Penal Code;
1-15 (4) engaging in organized criminal activity as a
1-16 member of a combination as described by Section 71.02, Penal Code;
1-17 (5) engaging in voluntary acts of public lewdness as
1-18 described by Section 21.07, Penal Code;
1-19 (6) engaging in voluntary acts of indecent exposure,
1-20 as described by Section 21.08, Penal Code; or
1-21 (7) [(5)] delivery, possession, manufacture, or use of
1-22 a controlled substance in violation of Chapter 481, Health and
1-23 Safety Code.
1-24 SECTION 2. Section 125.021, Civil Practice and Remedies Code,
2-1 as amended by Chapters 318 and 663, Acts of the 74th Legislature,
2-2 Regular Session, 1995, is amended to read as follows:
2-3 Sec. 125.021. PUBLIC NUISANCE. The habitual use or the
2-4 threatened or contemplated habitual use of any place for any of the
2-5 following purposes is a public nuisance:
2-6 (1) gambling, gambling promotion, or communicating
2-7 gambling information prohibited by law;
2-8 (2) promotion or aggravated promotion of prostitution;
2-9 (3) compelling prostitution;
2-10 (4) commercial manufacture, commercial distribution,
2-11 or commercial exhibition of obscene material;
2-12 (5) commercial exhibition of live dances or other acts
2-13 depicting real or simulated sexual intercourse or deviate sexual
2-14 intercourse;
2-15 (6) engaging in a voluntary fight between a man and a
2-16 bull if the fight is for a thing of value or a championship, if a
2-17 thing of value is wagered on the fight, or if an admission fee for
2-18 the fight is directly or indirectly charged, as prohibited by law;
2-19 (7) discharge of a firearm in a public place in
2-20 violation of Section 42.01(a)(9), Penal Code;
2-21 (8) engaging in organized criminal activity as a
2-22 member of a combination or as a member of a criminal street gang as
2-23 described by Section 71.02, Penal Code; [or]
2-24 (9) [(8)] reckless discharge of a firearm as described
2-25 by Section 42.12, Penal Code;
2-26 (10) [(9)] engaging in organized criminal activity as
2-27 a member of a combination as described by Section 71.02, Penal
3-1 Code;
3-2 (11) engaging in voluntary acts of public lewdness as
3-3 described by Section 21.07, Penal Code;
3-4 (12) engaging in voluntary acts of indecent exposure,
3-5 as described by Section 21.08, Penal Code; or
3-6 (13) [(10)] delivering or using a controlled substance
3-7 in violation of Chapter 481, Health and Safety Code.
3-8 SECTION 3. This Act takes effect September 1, 2001.