Texas Civil Practice and Remedies Code 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, Health and Safety Code;
(5) gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;
(6) prostitution as described by § 43.02, Penal Code, solicitation of prostitution as described by § 43.021, Penal Code, promotion of prostitution as described by § 43.03, Penal Code, or aggravated promotion of prostitution as described by § 43.04, 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 § 22.02, Penal Code;
(10) sexual assault as described by § 22.011, Penal Code;
(11) aggravated sexual assault as described by § 22.021, Penal Code;
(12) robbery as described by § 29.02, Penal Code;
(13) aggravated robbery as described by § 29.03, Penal Code;
(14) unlawfully carrying a weapon as described by § 46.02, Penal Code;
(15) murder as described by § 19.02, Penal Code;
(16) capital murder as described by § 19.03, Penal Code;
(17) continuous sexual abuse of young child or disabled individual as described by § 21.02, Penal Code;
(18) massage therapy or other massage services in violation of Chapter 455, 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 § 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 § 43.25, Penal Code;
(22) employment harmful to a child as described by § 43.251, Penal Code;
(23) criminal trespass as described by § 30.05, Penal Code;
(24) disorderly conduct as described by § 42.01, Penal Code;
(25) arson as described by § 28.02, Penal Code;
(26) criminal mischief as described by § 28.03, Penal Code, that causes a pecuniary loss of $500 or more;
(27) a graffiti offense in violation of § 28.08, 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 § 243.002, 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.
Terms Used In Texas Civil Practice and Remedies Code 125.0015
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(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. § 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.