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

Texas House Bill 240 (Prior Session Legislation)

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

Sponsorship: 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