Tex.
Civ. Practice & Remedies Code Section 125.0015
Common Nuisance
(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 substance or other item in violation of Chapter 481 (Texas Controlled Substances Act), Health and Safety Code;(5)
gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;(6)
prostitution as described by Section 43.02 (Prostitution), Penal Code, solicitation of prostitution as described by Section 43.021 (Solicitation of Prostitution), Penal Code, promotion of prostitution as described by Section 43.03 (Promotion of Prostitution), Penal Code, or aggravated promotion of prostitution as described by Section 43.04 (Aggravated Promotion of Prostitution), 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 (Aggravated Assault), Penal Code;(10)
sexual assault as described by Section 22.011 (Sexual Assault), Penal Code;(11)
aggravated sexual assault as described by Section 22.021 (Aggravated Sexual Assault), Penal Code;(12)
robbery as described by Section 29.02 (Robbery), Penal Code;(13)
aggravated robbery as described by Section 29.03 (Aggravated Robbery), Penal Code;(14)
unlawfully carrying a weapon as described by Section 46.02 (Unlawful Carrying Weapons), Penal Code;(15)
murder as described by Section 19.02 (Murder), Penal Code;(16)
capital murder as described by Section 19.03 (Capital Murder), Penal Code;(17)
continuous sexual abuse of young child or disabled individual as described by Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code;(18)
massage therapy or other massage services in violation of Chapter 455 (Massage Therapy), Occupations Code;(19)
employing or entering into a contract for the performance of work or the provision of a service with an individual younger than 21 years of age for work or services performed at a sexually oriented business as defined by Section 243.002 (Definition), Local Government Code;(20)
trafficking of persons as described by Section 20A.02 (Trafficking of Persons), Penal Code;(21)
sexual conduct or performance by a child as described by Section 43.25 (Sexual Performance by a Child), Penal Code;(22)
employment harmful to a child as described by Section 43.251 (Employment Harmful to Children), Penal Code;(23)
criminal trespass as described by Section 30.05 (Criminal Trespass), Penal Code;(24)
disorderly conduct as described by Section 42.01 (Disorderly Conduct), Penal Code;(25)
arson as described by Section 28.02 (Arson), Penal Code;(26)
criminal mischief as described by Section 28.03 (Criminal Mischief), Penal Code, that causes a pecuniary loss of $500 or more;(27)
a graffiti offense in violation of Section 28.08 (Graffiti), Penal Code; or(28)
permitting an individual younger than 18 years of age to enter the premises of a sexually oriented business as defined by Section 243.002 (Definition), Local Government Code.(b)
A person maintains a common nuisance if the person maintains a multiunit residential property to which persons habitually go to commit acts listed in Subsection (a) and knowingly tolerates the acts and furthermore fails to make reasonable attempts to abate the acts.(c)
A person operating a web address or computer network in connection with an activity described by Subsection (a)(3), (6), (7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a common nuisance.(d)
Subsection (c) does not apply to:(1)
a provider of remote computing services or electronic communication services to the public;(2)
a provider of an interactive computer service as defined by 47 U.S.C. Section 230;(3)
an Internet service provider;(4)
a search engine operator;(5)
a browsing or hosting company;(6)
an operating system provider; or(7)
a device manufacturer.(e)
This section does not apply to an activity exempted, authorized, or otherwise lawful activity regulated by federal law.
Source:
Section 125.0015 — Common Nuisance, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.125.htm#125.0015 (accessed Apr. 29, 2024).
