Bill Text: TX HB240 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the occurrence on certain premises of certain activities that may constitute a common nuisance.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB240 Detail]

Download: Texas-2017-HB240-Enrolled.html
 
 
  H.B. No. 240
 
 
 
 
AN ACT
 
 
  relating to the occurrence on certain premises of certain
  activities that may constitute a common nuisance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 125, Civil Practice and
  Remedies Code, is amended by adding Section 125.0017 to read as
  follows:
         Sec. 125.0017.  NOTICE OF ARREST FOR CERTAIN ACTIVITIES. If
  a law enforcement agency makes an arrest related to an activity
  described by Section 125.0015(a)(6), (7), or (18) that occurs at
  property leased to a person operating a massage establishment as
  defined by Section 455.001, Occupations Code, not later than the
  14th day after the date of the arrest, the law enforcement agency
  may provide written notice by certified mail to each person
  maintaining the property of the arrest.
  SECTION 2.  Section 125.004, Civil Practice and Remedies
  Code, is amended by adding Subsections (a-1), (a-2), (a-3), and (e)
  and amending Subsection (d) to read as follows:
         (a-1)  Proof in the form of a person's arrest or the
  testimony of a law enforcement agent that an activity described by
  Section 125.0015(a)(6) or (7) is committed at a place licensed as a
  massage establishment under Chapter 455, Occupations Code, or
  advertised as offering massage therapy or massage services after
  notice of an arrest was provided to the defendant in accordance with
  Section 125.0017 is prima facie evidence that the defendant
  knowingly tolerated the activity.
         (a-2)  Proof that an activity described by Section
  125.0015(a)(18) is committed at a place maintained by the defendant
  after notice of an arrest was provided to the defendant in
  accordance with Section 125.0017 is prima facie evidence that the
  defendant:
               (1)  knowingly tolerated the activity; and
               (2)  did not make a reasonable attempt to abate the
  activity.
         (a-3)  For purposes of Subsections (a-1) and (a-2), notice is
  only considered to be provided to the defendant seven days after the
  postmark date of the notice provided under Section 125.0017.
         (d)  Notwithstanding Subsection (a), (a-1), or (a-2),
  evidence that the defendant, the defendant's authorized
  representative, or another person acting at the direction of the
  defendant or the defendant's authorized representative requested
  law enforcement or emergency assistance with respect to an activity
  at the place where the common nuisance is allegedly maintained is
  not admissible for the purpose of showing the defendant tolerated
  the activity or failed to make reasonable attempts to abate the
  activity alleged to constitute the nuisance but may be admitted for
  other purposes, such as showing that a crime listed in Section
  125.0015 occurred. Evidence that the defendant refused to
  cooperate with law enforcement or emergency services with respect
  to the activity is admissible. The posting of a sign prohibiting
  the activity alleged is not conclusive evidence that the owner did
  not tolerate the activity.
         (e)  Evidence of a previous suit filed under this chapter
  that resulted in a judgment against a landowner with respect to an
  activity described by Section 125.0015 at the landowner's property
  is admissible in a subsequent suit filed under this chapter to
  demonstrate that the landowner:
               (1)  knowingly tolerated the activity; and
               (2)  did not make a reasonable attempt to abate the
  activity.
         SECTION 3.  Section 125.004, Civil Practice and Remedies
  Code, as amended by this Act, applies only to a cause of action that
  accrues on or after the effective date of this Act. A cause of
  action that accrues before the effective date of this Act is
  governed by the law applicable to the cause of action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 240 was passed by the House on April
  26, 2017, by the following vote:  Yeas 121, Nays 25, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 240 on May 26, 2017, by the following vote:  Yeas 141, Nays 2, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 240 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 28, Nays
  3.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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