§ 125.0015.Common Nuisance

Title 6. Miscellaneous Provisions · Chapter 125. Common and Public Nuisances · Subchapter A. Suit to Abate Certain Common Nuisances · Last amended 2021 · Last verified August 29, 2026

In one sentenceSection 125.0015 makes a place a common nuisance where the keeper knowingly tolerates one of twenty-eight listed activities and fails to make reasonable attempts to abate it.

Full Text of § 125.0015

Text sizeJump to: (a) (b) (c) (d) (e)

(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 Section 43.02, Penal Code, solicitation of prostitution as described by Section 43.021, Penal Code, promotion of prostitution as described by Section 43.03, Penal Code, or aggravated promotion of prostitution as described by Section 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 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 disabled individual as described by Section 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 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;

(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;

(27)a graffiti offense in violation of Section 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 Section 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.

(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.

End

Plain-English Summary

The definition the chapter is built on, and it has three elements that must all be present.

A person maintains a common nuisance who maintains a place to which persons habitually go for a listed purpose, knowingly tolerates the activity, and fails to make reasonable attempts to abate it.

"Habitually go" excludes the isolated incident. One crime, however serious, does not make a place a nuisance.

"Knowingly tolerates" requires awareness, and the evidence section supplies a route to proving it: frequent commission of the activity is prima facie evidence of knowledge.

"Fails to make reasonable attempts to abate" is the element a defendant can meet. A property owner who knows of the problem and is acting against it is not maintaining a nuisance.

Twenty-eight activities are listed, and they span violent crime — murder, capital murder, aggravated assault, sexual assault, robbery — through drug offenses, gambling, the prostitution and trafficking offenses, unlicensed massage, obscenity, and offenses against children, down to criminal trespass, disorderly conduct, graffiti and criminal mischief causing $500 or more.

Two of the listed items are not crimes at all in the ordinary sense: employing anyone under 21 at a sexually oriented business, and permitting anyone under 18 to enter one.

Subsection (b) applies the same test to multiunit residential property, which reaches apartment complexes, hotels and motels as places.

Subsection (c) extends the chapter online. Operating a web address or computer network in connection with eleven of the listed activities is itself a common nuisance.

Subsection (d) then exempts the infrastructure — remote computing and electronic communication services, interactive computer services as defined by 47 U.S.C. Section 230, internet service providers, search engines, hosting and browsing companies, operating system providers and device manufacturers.

Subsection (e) removes activity that federal law exempts, authorizes, or otherwise lawfully regulates.

Frequently Asked Questions

What makes a place a common nuisance?

People habitually going there for a listed activity, the keeper knowingly tolerating it, and a failure to make reasonable attempts to abate it.

Does one incident count?

No. The section requires that persons habitually go to the place for the activity.

Can a website be a common nuisance?

Yes, where operated in connection with certain listed activities — though internet service providers, search engines, hosts and device makers are exempt.

Can an apartment complex be one?

Yes. Multiunit residential property is covered by its own subsection on the same terms.

Amendment History

Added by Acts 2003, 78th Leg., ch. 1202, Sec. 1, eff. Sept. 1, 2003.
Amended by:
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 2011, 82nd Leg., R.S., Ch. 687 (H.B. 289), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 596 (S.B. 1196), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 775 (H.B. 2359), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 79 (S.B. 315), Sec. 5, eff. May 24, 2021.
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.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source