By: Ortega, et al. (Senate Sponsor - Rodríguez)	H.B. No. 2359
	(In the Senate - Received from the House May 8, 2017;
	May 10, 2017, read first time and referred to Committee on Criminal
	Justice; May 17, 2017, reported favorably by the following vote:
	Yeas 7, Nays 1; May 17, 2017, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to common nuisances.
	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 or other item 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;
	(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;
	(23)  criminal trespass as described by Section 30.05,
	Penal Code;
	(24)  disorderly conduct as described by Section 42.01,
	Penal Code;
	(25)  arson as described by Section 28.02, Penal Code;
	(26)  criminal mischief as described by Section 28.03,
	Penal Code, that causes a pecuniary loss of $500 or more; or
	(27)  a graffiti offense in violation of Section 28.08,
	Penal Code.
	SECTION 2.  Section 125.046(a), Civil Practice and Remedies
	Code, is amended to read as follows:
	(a)  If, in any judicial proceeding under Subchapter A, a
	court determines that a person is maintaining a vacant lot, vacant
	or abandoned building, or multiunit residential property that is a
	common nuisance, the court may, on its own motion or on the motion
	of any party, order the appointment of a receiver to manage the
	property or render any other order allowed by law as necessary to
	abate the nuisance.
	SECTION 3.  This Act takes effect September 1, 2017.
	* * * * *