1. (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. (1) discharge of a firearm in a public place as prohibited by the Penal Code;
   2. (2) reckless discharge of a firearm as prohibited by the Penal Code;
   3. (3) engaging in organized criminal activity as a member of a combination as prohibited by the Penal Code;
   4. (4) delivery, possession, manufacture, or use of a controlled substance in violation of Chapter 481, Health and Safety Code;
   5. (5) gambling, gambling promotion, or communicating gambling information as prohibited by the Penal Code;
   6. (6) prostitution, promotion of prostitution, or aggravated promotion of prostitution as prohibited by the Penal Code;
   7. (7) compelling prostitution as prohibited by the Penal Code;
   8. (8) commercial manufacture, commercial distribution, or commercial exhibition of obscene material as prohibited by the Penal Code;
   9. (9) aggravated assault as described by Section 22.02, Penal Code;
   10. (10) sexual assault as described by Section 22.011, Penal Code;
   11. (11) aggravated sexual assault as described by Section 22.021, Penal Code;
   12. (12) robbery as described by Section 29.02, Penal Code;
   13. (13) aggravated robbery as described by Section 29.03, Penal Code;
   14. (14) unlawfully carrying a weapon as described by Section 46.02, Penal Code;
   15. (15) murder as described by Section 19.02, Penal Code;
   16. (16) capital murder as described by Section 19.03, Penal Code;
   17. (17) continuous sexual abuse of young child or children as described by Section 21.02, Penal Code; or
   18. (18) massage therapy or other massage services in violation of Chapter 455, Occupations Code.
2. (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.

Added by Acts 2003, 78th Leg., ch. 1202, Sec. 1, eff. Sept. 1, 2003.

Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.04, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1399 (H.B. 2644), Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 5.004, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 3.02, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 2, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.05, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 33, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 942 (S.B. 766), Sec. 6, eff. September 1, 2021.