§ 125.001.Definitions
Title 6. Miscellaneous Provisions · Chapter 125. Common and Public Nuisances · Subchapter A. Suit to Abate Certain Common Nuisances · Last amended 2017 · Last verified August 29, 2026
Full Text of § 125.001
Plain-English Summary
Five definitions, and two of them work by pointing elsewhere.
"Common nuisance" is a nuisance described by Section 125.0015, and "public nuisance" is a nuisance described by Section 125.062 or 125.063.
That split runs through the whole chapter. A common nuisance is a place where listed crimes habitually occur; a public nuisance is a gang that regularly engages in gang activity, or a place habitually used by one.
The two are litigated under different subchapters with different remedies, so establishing which is alleged is the first question in any suit under this chapter.
"Multiunit residential property" means improved real property with at least three dwelling units, including an apartment building, condominium, hotel, or motel. It does not include a single-family home or duplex.
The three-unit threshold matters twice over. Multiunit properties have their own nuisance provision, and they are among the properties for which a receiver may be appointed.
Including hotels and motels is deliberate, and it is why the chapter carries provisions about lodging units and trafficking hotline signs.
"Web address" means a website operating on the Internet, and "computer network" means the interconnection of two or more computers or computer systems by any communication medium with the capability to transmit information between the computers.
Those two were added so the chapter could reach online operations, which it does through a separate nuisance provision and a separate, far narrower remedy.
Frequently Asked Questions
What is the difference between a common and a public nuisance here?
A common nuisance is a place where listed crimes habitually occur. A public nuisance is a gang that regularly engages in gang activity, or a place habitually used by one.
What counts as multiunit residential property?
Improved property with at least three dwelling units, including apartments, condominiums, hotels and motels — but not a single-family home or duplex.
Does the chapter reach websites?
Yes. "Web address" and "computer network" are defined, and a separate provision makes operating one in connection with certain activities a common nuisance.
Amendment History
- Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 14, Sec. 284(42), eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 857, Sec. 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 968, Sec. 1, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 14.03, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 25, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 663, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1161, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1202, Sec. 1, eff. Sept. 1, 2003.
- Amended by:
- Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 1, eff. September 1, 2005.
- Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 1, eff. September 1, 2017.
- Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 2, eff. September 1, 2017.