Bill Text: TX HB289 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to activity that constitutes maintaining a common nuisance.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB289 Detail]
Download: Texas-2011-HB289-Comm_Sub.html
Bill Title: Relating to activity that constitutes maintaining a common nuisance.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB289 Detail]
Download: Texas-2011-HB289-Comm_Sub.html
82R121 CAE-D | ||
By: Jackson, Anchia, Weber | H.B. No. 289 |
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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; [ |
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(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. |