Texas 2009 - 81st Regular

Texas Senate Bill SB709 Compare Versions

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Old	New	Differences
1	1	81R33889 CAE-D
2	2	By: Nelson, et al. S.B. No. 709
3	3	Substitute the following for S.B. No. 709:
4	4	By: Lewis C.S.S.B. No. 709
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to activity that constitutes maintaining a common
10	10	nuisance.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 125.0015, Civil Practice and Remedies
13	13	Code, is amended by reenacting and amending Subsection (a), as
14	14	amended by Chapters 593 (H.B. 8) and 1399 (H.B. 2644), Acts of the
15	15	80th Legislature, Regular Session, 2007, and adding Subsection (c)
16	16	to read as follows:
17	17	(a) A person who maintains a place to which persons
18	18	habitually go for the following purposes and who knowingly
19	19	tolerates the activity and furthermore fails to make reasonable
20	20	attempts to abate the activity maintains a common nuisance:
21	21	(1) discharge of a firearm in a public place as
22	22	prohibited by the Penal Code;
23	23	(2) reckless discharge of a firearm as prohibited by
24	24	the Penal Code;
25	25	(3) engaging in organized criminal activity as a
26	26	member of a combination as prohibited by the Penal Code;
27	27	(4) delivery, possession, manufacture, or use of a
28	28	controlled substance in violation of Chapter 481, Health and Safety
29	29	Code;
30	30	(5) gambling, gambling promotion, or communicating
31	31	gambling information as prohibited by the Penal Code;
32	32	(6) prostitution, promotion of prostitution, or
33	33	aggravated promotion of prostitution as prohibited by the Penal
34	34	Code;
35	35	(7) compelling prostitution as prohibited by the Penal
36	36	Code;
37	37	(8) commercial manufacture, commercial distribution,
38	38	or commercial exhibition of obscene material as prohibited by the
39	39	Penal Code;
40	40	(9) aggravated assault as described by Section 22.02,
41	41	Penal Code;
42	42	(10) sexual assault as described by Section 22.011,
43	43	Penal Code;
44	44	(11) aggravated sexual assault as described by Section
45	45	22.021, Penal Code;
46	46	(12) robbery as described by Section 29.02, Penal
47	47	Code;
48	48	(13) aggravated robbery as described by Section 29.03,
49	49	Penal Code;
50	50	(14) unlawfully carrying a weapon as described by
51	51	Section 46.02, Penal Code;
52	52	(15) murder as described by Section 19.02, Penal Code;
53	53	(16) capital murder as described by Section 19.03,
54	54	Penal Code; [or]
55	55	(17) continuous sexual abuse of young child or
56	56	children as described by Section 21.02, Penal Code;
57	57	(18) [(17)] massage therapy or other massage services
58	58	in violation of Chapter 455, Occupations Code;
59	59	(19) employing a minor at a sexually oriented business
60	60	as defined by Section 243.002, Local Government Code;
61	61	(20) trafficking of persons as described by Section
62	62	20A.02, Penal Code;
63	63	(21) sexual conduct or performance by a child as
64	64	described by Section 43.25, Penal Code; or
65	65	(22) employment harmful to a child as described by
66	66	Section 43.251, Penal Code.
67	67	(c) A person who maintains a business described by Section
68	68	243.002, Local Government Code, without obtaining a license or
69	69	permit required by a municipality or county in which the business is
70	70	located maintains a common nuisance.
71	71	SECTION 2. The change in law made by this Act applies only
72	72	to a cause of action that accrues on or after the effective date of
73	73	this Act. A cause of action that accrues before the effective date
74	74	of this Act is governed by the law in effect immediately before the
75	75	effective date of this Act, and that law is continued in effect for
76	76	that purpose.
77	77	SECTION 3. This Act takes effect September 1, 2009.