82R121 CAE-D

By: Jackson, Anchia, Weber, Thompson, H.B. No. 289

Harless

A BILL TO BE ENTITLED

AN ACT

relating to activity that constitutes maintaining a common

nuisance.

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 maintains a place to which persons

habitually go for the following purposes and who knowingly

tolerates the activity and furthermore fails to make reasonable

attempts to abate the activity 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;

(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;

(16) capital murder as described by Section 19.03,

Penal Code;

(17) continuous sexual abuse of young child or

children as described by Section 21.02, Penal Code; [or]

(18) massage therapy or other massage services in

violation of Chapter 455, Occupations Code;

(19) employing a minor at a sexually oriented business

as defined by Section 243.002, Local Government Code;

(20) trafficking of persons as described by Section

20A.02, Penal Code;

(21) sexual conduct or performance by a child as

described by Section 43.25, Penal Code; or

(22) employment harmful to a child as described by

Section 43.251, 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 immediately before that

date, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2011.