Bill Text: TX HB715 | 2017-2018 | 85th Legislature | Comm Sub
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-Comm_Sub.html
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-Comm_Sub.html
85R21325 SCL-D | |||
By: Wu, Davis of Harris, Thierry, | H.B. No. 715 | ||
Thompson of Harris | |||
Substitute the following for H.B. No. 715: | |||
By: Smithee | C.S.H.B. No. 715 |
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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) or (7) that occurs at property | ||
leased to a person operating a massage establishment as defined by | ||
Section 455.001, Occupations Code, not later than the seventh day | ||
after the date of the arrest, the law enforcement agency shall | ||
provide written notice by certified mail to the property owner of | ||
the arrest. | ||
SECTION 2. 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) was committed at the massage | ||
establishment after notice of an arrest was provided to the | ||
landowner in accordance with Section 125.0017 is prima facie | ||
evidence that the defendant knowingly tolerated 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 3. 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 4. This Act takes effect September 1, 2017. |