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A BILL TO BE ENTITLED
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AN ACT
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relating to common nuisances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.0015(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person who maintains a place to which persons |
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habitually go for the following purposes and who knowingly |
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tolerates the activity and furthermore fails to make reasonable |
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attempts to abate the activity maintains a common nuisance: |
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(1) discharge of a firearm in a public place as |
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prohibited by the Penal Code; |
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(2) reckless discharge of a firearm as prohibited by |
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the Penal Code; |
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(3) engaging in organized criminal activity as a |
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member of a combination as prohibited by the Penal Code; |
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(4) delivery, possession, manufacture, or use of a |
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[controlled] substance or other item in violation of Chapter 481, |
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Health and Safety Code; |
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(5) gambling, gambling promotion, or communicating |
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gambling information as prohibited by the Penal Code; |
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(6) prostitution, promotion of prostitution, or |
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aggravated promotion of prostitution as prohibited by the Penal |
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Code; |
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(7) compelling prostitution as prohibited by the Penal |
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Code; |
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(8) commercial manufacture, commercial distribution, |
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or commercial exhibition of obscene material as prohibited by the |
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Penal Code; |
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(9) aggravated assault as described by Section 22.02, |
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Penal Code; |
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(10) sexual assault as described by Section 22.011, |
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Penal Code; |
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(11) aggravated sexual assault as described by Section |
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22.021, Penal Code; |
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(12) robbery as described by Section 29.02, Penal |
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Code; |
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(13) aggravated robbery as described by Section 29.03, |
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Penal Code; |
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(14) unlawfully carrying a weapon as described by |
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Section 46.02, Penal Code; |
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(15) murder as described by Section 19.02, Penal Code; |
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(16) capital murder as described by Section 19.03, |
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Penal Code; |
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(17) continuous sexual abuse of young child or |
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children as described by Section 21.02, Penal Code; |
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(18) massage therapy or other massage services in |
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violation of Chapter 455, Occupations Code; |
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(19) employing a minor at a sexually oriented business |
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as defined by Section 243.002, Local Government Code; |
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(20) trafficking of persons as described by Section |
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20A.02, Penal Code; |
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(21) sexual conduct or performance by a child as |
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described by Section 43.25, Penal Code; [or] |
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(22) employment harmful to a child as described by |
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Section 43.251, Penal Code; |
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(23) criminal trespass as described by Section 30.05, |
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Penal Code; |
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(24) disorderly conduct as described by Section 42.01, |
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Penal Code; |
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(25) arson as described by Section 28.02, Penal Code; |
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(26) criminal mischief as described by Section 28.03, |
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Penal Code, that causes a pecuniary loss of $500 or more; or |
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(27) a graffiti offense in violation of Section 28.08, |
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Penal Code. |
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SECTION 2. Section 125.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), a suit to enjoin or |
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abate a common nuisance that is brought by a county attorney of a |
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county with a population of 800,000 or more and located on the |
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international border may be brought in the name of the county. |
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SECTION 3. Section 125.046(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) If, in any judicial proceeding under Subchapter A, a |
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court determines that a person is maintaining a vacant lot, vacant |
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or abandoned building, or multiunit residential property that is a |
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common nuisance, the court may, on its own motion or on the motion |
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of any party, order the appointment of a receiver to manage the |
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property or render any other order allowed by law as necessary to |
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abate the nuisance. |
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SECTION 4. Section 125.047(a)(2), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(2) "Nuisance abatement" means an activity taken by a |
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municipality or county to reduce the occurrences of a common or |
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public nuisance. |
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SECTION 5. Sections 125.047(b), (c), and (d), Civil |
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Practice and Remedies Code, are amended to read as follows: |
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(b) This section applies only to: |
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(1) a municipality with a population of 1.5 million or |
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more; or |
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(2) a county with a population of 800,000 or more and |
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located on the international border. |
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(c) A municipality or county shall create a fund as a |
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separate account in the treasury of the municipality or county. |
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(d) The fund consists of: |
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(1) money awarded the municipality or county in an |
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action under this chapter; |
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(2) money awarded the municipality or county under a |
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settlement to an action under this chapter; |
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(3) fines resulting from code enforcement citations |
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issued by the municipality or county for conduct defined as a common |
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or public nuisance under this chapter; |
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(4) bonds forfeited to the municipality or county |
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under this chapter; and |
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(5) donations or grants made to the municipality or |
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county for the purpose of nuisance abatement. |
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SECTION 6. This Act takes effect September 1, 2017. |