| 1 | 1 | | 88R2493 AJA-D |
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| 2 | 2 | | By: Bowers H.B. No. 569 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to activities the tolerance of which may constitute |
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| 8 | 8 | | maintenance of a common nuisance. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 125.0015(a), Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended to read as follows: |
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| 12 | 12 | | (a) A person who maintains a place to which persons |
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| 13 | 13 | | habitually go for the following purposes and who knowingly |
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| 14 | 14 | | tolerates the activity and furthermore fails to make reasonable |
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| 15 | 15 | | attempts to abate the activity maintains a common nuisance: |
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| 16 | 16 | | (1) discharge of a firearm in a public place as |
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| 17 | 17 | | prohibited by the Penal Code; |
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| 18 | 18 | | (2) reckless discharge of a firearm as prohibited by |
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| 19 | 19 | | the Penal Code; |
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| 20 | 20 | | (3) engaging in organized criminal activity as a |
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| 21 | 21 | | member of a combination as prohibited by the Penal Code; |
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| 22 | 22 | | (4) delivery, possession, manufacture, or use of a |
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| 23 | 23 | | substance or other item in violation of Chapter 481, Health and |
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| 24 | 24 | | Safety Code; |
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| 25 | 25 | | (5) gambling, gambling promotion, or communicating |
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| 26 | 26 | | gambling information as prohibited by the Penal Code; |
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| 27 | 27 | | (6) prostitution as described by Section 43.02, Penal |
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| 28 | 28 | | Code, solicitation of prostitution as described by Section 43.021, |
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| 29 | 29 | | Penal Code, promotion of prostitution as described by Section |
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| 30 | 30 | | 43.03, Penal Code, or aggravated promotion of prostitution as |
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| 31 | 31 | | described by Section 43.04, Penal Code; |
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| 32 | 32 | | (7) compelling prostitution as prohibited by the Penal |
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| 33 | 33 | | Code; |
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| 34 | 34 | | (8) commercial manufacture, commercial distribution, |
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| 35 | 35 | | or commercial exhibition of obscene material as prohibited by the |
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| 36 | 36 | | Penal Code; |
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| 37 | 37 | | (9) aggravated assault as described by Section 22.02, |
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| 38 | 38 | | Penal Code; |
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| 39 | 39 | | (10) sexual assault as described by Section 22.011, |
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| 40 | 40 | | Penal Code; |
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| 41 | 41 | | (11) aggravated sexual assault as described by Section |
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| 42 | 42 | | 22.021, Penal Code; |
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| 43 | 43 | | (12) robbery as described by Section 29.02, Penal |
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| 44 | 44 | | Code; |
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| 45 | 45 | | (13) aggravated robbery as described by Section 29.03, |
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| 46 | 46 | | Penal Code; |
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| 47 | 47 | | (14) unlawfully carrying a weapon as described by |
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| 48 | 48 | | Section 46.02, Penal Code; |
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| 49 | 49 | | (15) murder as described by Section 19.02, Penal Code; |
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| 50 | 50 | | (16) capital murder as described by Section 19.03, |
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| 51 | 51 | | Penal Code; |
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| 52 | 52 | | (17) continuous sexual abuse of young child or |
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| 53 | 53 | | disabled individual as described by Section 21.02, Penal Code; |
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| 54 | 54 | | (18) massage therapy or other massage services in |
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| 55 | 55 | | violation of Chapter 455, Occupations Code; |
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| 56 | 56 | | (19) employing or entering into a contract for the |
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| 57 | 57 | | performance of work or the provision of a service with an individual |
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| 58 | 58 | | younger than 21 years of age for work or services performed at a |
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| 59 | 59 | | sexually oriented business as defined by Section 243.002, Local |
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| 60 | 60 | | Government Code; |
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| 61 | 61 | | (20) trafficking of persons as described by Section |
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| 62 | 62 | | 20A.02, Penal Code; |
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| 63 | 63 | | (21) sexual conduct or performance by a child as |
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| 64 | 64 | | described by Section 43.25, Penal Code; |
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| 65 | 65 | | (22) employment harmful to a child as described by |
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| 66 | 66 | | Section 43.251, Penal Code; |
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| 67 | 67 | | (23) criminal trespass as described by Section 30.05, |
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| 68 | 68 | | Penal Code; |
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| 69 | 69 | | (24) disorderly conduct as described by Section 42.01, |
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| 70 | 70 | | Penal Code; |
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| 71 | 71 | | (25) arson as described by Section 28.02, Penal Code; |
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| 72 | 72 | | (26) criminal mischief as described by Section 28.03, |
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| 73 | 73 | | Penal Code, that causes a pecuniary loss of $500 or more; |
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| 74 | 74 | | (27) a graffiti offense in violation of Section 28.08, |
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| 75 | 75 | | Penal Code; [or] |
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| 76 | 76 | | (28) permitting an individual younger than 18 years of |
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| 77 | 77 | | age to enter the premises of a sexually oriented business as defined |
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| 78 | 78 | | by Section 243.002, Local Government Code; or |
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| 79 | 79 | | (29) burglary of vehicles in violation of Section |
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| 80 | 80 | | 30.04, Penal Code. |
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| 81 | 81 | | SECTION 2. The change in law made by this Act applies only |
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| 82 | 82 | | to a cause of action that accrues on or after the effective date of |
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| 83 | 83 | | this Act. |
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| 84 | 84 | | SECTION 3. This Act takes effect September 1, 2023. |
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