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.