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.