Bill Text: TX HB715 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 715 (Prior Session Legislation)

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: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2017-05-10 - Referred to Criminal Justice [HB715 Detail]

Download: Texas-2017-HB715-Introduced.html

	85R4698 SCL-D

	By: Wu	H.B. No. 715



	A BILL TO BE ENTITLED
	AN ACT
	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) If the defendant is a landowner who leases real estate
	to a person operating a massage establishment as defined by Section
	455.001, Occupations Code, proof that an activity described by
	Section 125.0015(a)(6) or (7) is committed at the massage
	establishment is prima facie evidence that the defendant knowingly
	tolerated the activity.
	(d) Notwithstanding Subsections [~~Subsection~~] (a) and (a-1),
	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.