http://brandysbedroom.wordpress.com/2011/04/27/hb-289/
I posted this in the Houston Sandbox, but thought maybe it is more appropriate here.
82R121 CAE-D
By: Jackson, Anchia, Weber, Thompson, H.B. No. 289
Harless
A BILL TO BE ENTITLED
AN ACT
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; [or]
(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.
HB 289 Bill
