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A BILL TO BE ENTITLED
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AN ACT
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relating to activities that constitute common nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.0015(a), Civil Practice and Remedies |
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Code, as amended by Chapters 593 (H.B. 8) and 1399 (H.B. 2644), Acts |
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of the 80th Legislature, Regular Session, 2007, is reenacted and |
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amended to read as follows: |
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(a) A person who maintains a place to which persons |
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habitually go for the following purposes and who knowingly |
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tolerates the activity and furthermore fails to make reasonable |
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attempts to abate the activity maintains a common nuisance: |
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(1) discharge of a firearm in a public place as |
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prohibited by the Penal Code; |
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(2) reckless discharge of a firearm as prohibited by |
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the Penal Code; |
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(3) engaging in organized criminal activity as a |
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member of a combination as prohibited by the Penal Code; |
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(4) delivery, possession, manufacture, or use of a |
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controlled substance in violation of Chapter 481, Health and Safety |
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Code; |
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(5) gambling, gambling promotion, or communicating |
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gambling information as prohibited by the Penal Code; |
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(6) prostitution, promotion of prostitution, or |
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aggravated promotion of prostitution as prohibited by the Penal |
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Code; |
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(7) compelling prostitution as prohibited by the Penal |
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Code; |
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(8) commercial manufacture, commercial distribution, |
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or commercial exhibition of obscene material as prohibited by the |
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Penal Code; |
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(9) aggravated assault as described by Section 22.02, |
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Penal Code; |
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(10) sexual assault as described by Section 22.011, |
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Penal Code; |
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(11) aggravated sexual assault as described by Section |
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22.021, Penal Code; |
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(12) robbery as described by Section 29.02, Penal |
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Code; |
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(13) aggravated robbery as described by Section 29.03, |
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Penal Code; |
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(14) unlawfully carrying a weapon as described by |
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Section 46.02, Penal Code; |
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(15) murder as described by Section 19.02, Penal Code; |
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(16) capital murder as described by Section 19.03, |
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Penal Code; [or] |
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(17) continuous sexual abuse of young child or |
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children as described by Section 21.02, Penal Code; |
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(18) [(17)] massage therapy or other massage services |
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in violation of Chapter 455, Occupations Code; or |
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(19) as described by Section 43.251, Penal Code, the |
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employment, authorization, or inducement of a child to work: |
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(A) in a sexually oriented commercial activity; |
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or |
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(B) in a place of business permitting, |
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requesting, or requiring a child to work nude or topless. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |