Texas 2011 - 82nd Regular

Texas House Bill HB289 Compare Versions

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1	1	By: Jackson, et al. (Senate Sponsor - Nelson) H.B. No. 289
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Criminal Justice; May 19, 2011, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; May 19, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to activity that constitutes maintaining a common
11	11	nuisance.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 125.0015(a), Civil Practice and Remedies
14	14	Code, is amended to read as follows:
15	15	(a) A person who maintains a place to which persons
16	16	habitually go for the following purposes and who knowingly
17	17	tolerates the activity and furthermore fails to make reasonable
18	18	attempts to abate the activity maintains a common nuisance:
19	19	(1) discharge of a firearm in a public place as
20	20	prohibited by the Penal Code;
21	21	(2) reckless discharge of a firearm as prohibited by
22	22	the Penal Code;
23	23	(3) engaging in organized criminal activity as a
24	24	member of a combination as prohibited by the Penal Code;
25	25	(4) delivery, possession, manufacture, or use of a
26	26	controlled substance in violation of Chapter 481, Health and Safety
27	27	Code;
28	28	(5) gambling, gambling promotion, or communicating
29	29	gambling information as prohibited by the Penal Code;
30	30	(6) prostitution, promotion of prostitution, or
31	31	aggravated promotion of prostitution as prohibited by the Penal
32	32	Code;
33	33	(7) compelling prostitution as prohibited by the Penal
34	34	Code;
35	35	(8) commercial manufacture, commercial distribution,
36	36	or commercial exhibition of obscene material as prohibited by the
37	37	Penal Code;
38	38	(9) aggravated assault as described by Section 22.02,
39	39	Penal Code;
40	40	(10) sexual assault as described by Section 22.011,
41	41	Penal Code;
42	42	(11) aggravated sexual assault as described by Section
43	43	22.021, Penal Code;
44	44	(12) robbery as described by Section 29.02, Penal
45	45	Code;
46	46	(13) aggravated robbery as described by Section 29.03,
47	47	Penal Code;
48	48	(14) unlawfully carrying a weapon as described by
49	49	Section 46.02, Penal Code;
50	50	(15) murder as described by Section 19.02, Penal Code;
51	51	(16) capital murder as described by Section 19.03,
52	52	Penal Code;
53	53	(17) continuous sexual abuse of young child or
54	54	children as described by Section 21.02, Penal Code; [or]
55	55	(18) massage therapy or other massage services in
56	56	violation of Chapter 455, Occupations Code;
57	57	(19) employing a minor at a sexually oriented business
58	58	as defined by Section 243.002, Local Government Code;
59	59	(20) trafficking of persons as described by Section
60	60	20A.02, Penal Code;
61	61	(21) sexual conduct or performance by a child as
62	62	described by Section 43.25, Penal Code; or
63	63	(22) employment harmful to a child as described by
64	64	Section 43.251, Penal Code.
65	65	SECTION 2. The change in law made by this Act applies only
66	66	to a cause of action that accrues on or after the effective date of
67	67	this Act. A cause of action that accrues before the effective date
68	68	of this Act is governed by the law in effect immediately before that
69	69	date, and that law is continued in effect for that purpose.
70	70	SECTION 3. This Act takes effect September 1, 2011.
71	71	* * * * *