Bill Text: TX HB240 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
85R691 SCL-D | ||
By: Hernandez | H.B. No. 240 |
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relating to evidence in a suit to abate certain common nuisances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 125.004, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (a-1) and amending Subsection | ||
(d) to read as follows: | ||
(a-1) Proof that massage therapy or other massage services | ||
occur in violation of Chapter 455, Occupations Code, at a place not | ||
licensed for that purpose under that chapter is prima facie | ||
evidence that: | ||
(1) the defendant knowingly tolerated the activity; | ||
and | ||
(2) the place is habitually used for the activity. | ||
(d) Notwithstanding Subsections [ |
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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. | ||
SECTION 2. The change in law made 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 3. This Act takes effect September 1, 2017. |