H.B. No. 289

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 289 was passed by the House on April
	7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 289 was passed by the Senate on May
	25, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor