79R7507 AJA-D
By: Keel H.B. No. 1690
A BILL TO BE ENTITLED
AN ACT
relating to the elements of common nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.0015, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 125.0015. COMMON NUISANCE. (a) A person who
intentionally [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.
(b) A person maintains a common nuisance if the person:
(1) intentionally [knowingly] maintains a multiunit
residential property to which persons habitually go to commit the
following acts:
(A) aggravated assault as described by Section
22.02, Penal Code;
(B) sexual assault as described by Section
22.011, Penal Code;
(C) aggravated sexual assault as described by
Section 22.021, Penal Code;
(D) robbery as described by Section 29.02, Penal
Code;
(E) aggravated robbery as described by Section
29.03, Penal Code;
(F) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(G) murder as described by Section 19.02, Penal
Code; or
(H) capital murder as described by Section 19.03,
Penal Code; and
(2) has failed to make reasonable attempts to abate
such acts.
SECTION 2. Section 125.004, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (b) to read as
follows:
(a) Proof that an activity described by Section 125.0015 is
frequently committed at the place involved or that the place is
frequently used for an activity described by Section 125.0015 is
prima facie evidence that the defendant intentionally [knowingly]
permitted the activity.
(b) Evidence that persons have been arrested for or
convicted of offenses for an activity described by Section 125.0015
in the place involved is admissible to show intent [knowledge] on
the part of the defendant with respect to [that] the act that
occurred. The originals or certified copies of the papers and
judgments of those arrests or convictions are admissible in the
suit for injunction, and oral evidence is admissible to show that
the offense for which a person was arrested or convicted was
committed at the place involved.
SECTION 3. Section 125.044(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) In a proceeding begun under Subsection (a):
(1) proof that acts creating a common nuisance are
frequently committed at the place is prima facie evidence that the
owner and the operator intentionally [knowingly] permitted the
acts; and
(2) evidence that persons have been arrested for or
convicted of offenses involving acts at the place that create a
common nuisance is admissible to show intention [knowledge] on the
part of the owner and the operator with respect to [that] the acts
that occurred.
SECTION 4. 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 immediately before that
date, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.