85R18648 SCL-D
 
  By: Ortega, Uresti, Roberts, Neave H.B. No. 2359
 
  Substitute the following for H.B. No. 2359:
 
  By:  Uresti C.S.H.B. No. 2359
 
 
 
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.