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.