By:  Hochberg                                                     H.B. No. 869



A BILL TO BE ENTITLED

AN ACT

relating to common nuisances.                                                 
	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 knowingly maintains a place to which 
persons habitually go for the following purposes 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 
controlled substance 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, promotion of prostitution, or 
aggravated promotion of prostitution as prohibited by the Penal 
Code;
		(7)  compelling prostitution as prohibited by the Penal 
Code; [or]
		(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; 
or           
		(16)  capital murder as described by Section 19.03, 
Penal Code.      
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect at of action accrued, 
and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.