| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to activities the tolerance of which may constitute |
|
|
maintenance of 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 |
|
|
substance or other item 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 as described by Section 43.02, Penal |
|
|
Code, solicitation of prostitution as described by Section 43.021, |
|
|
Penal Code, promotion of prostitution as described by Section |
|
|
43.03, Penal Code, or aggravated promotion of prostitution as |
|
|
described by Section 43.04, 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 |
|
|
disabled individual as described by Section 21.02, Penal Code; |
|
|
(18) massage therapy or other massage services in |
|
|
violation of Chapter 455, Occupations Code; |
|
|
(19) employing or entering into a contract for the |
|
|
performance of work or the provision of a service with an individual |
|
|
younger than 21 years of age for work or services performed 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; |
|
|
(22) employment harmful to a child as described by |
|
|
Section 43.251, Penal Code; |
|
|
(23) criminal trespass as described by Section 30.05, |
|
|
Penal Code; |
|
|
(24) disorderly conduct as described by Section 42.01, |
|
|
Penal Code; |
|
|
(25) arson as described by Section 28.02, Penal Code; |
|
|
(26) criminal mischief as described by Section 28.03, |
|
|
Penal Code, that causes a pecuniary loss of $500 or more; |
|
|
(27) a graffiti offense in violation of Section 28.08, |
|
|
Penal Code; [or] |
|
|
(28) permitting an individual younger than 18 years of |
|
|
age to enter the premises of a sexually oriented business as defined |
|
|
by Section 243.002, Local Government Code; or |
|
|
(29) burglary of vehicles in violation of Section |
|
|
30.04, 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. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |