85R18651 SCL-D
By: Hernandez H.B. No. 240
Substitute the following for H.B. No. 240:
By: Hernandez C.S.H.B. No. 240
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 125.002, Civil Practice and Remedies
Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) If the nuisance that is the basis of the suit brought
under Subsection (a) involves massage therapy or other massage
services that are provided in violation of Chapter 455, Occupations
Code, a person bringing the suit may request a landowner or landlord
of the place where the nuisance is allegedly maintained to provide
the contact information of the business or the owner of the
business. The landowner or landlord shall provide the requested
information not later than the seventh day after the date the
landowner or landlord receives the request.
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 business, or an owner of a
business, that provides massage therapy or other massage services
in violation of Chapter 455, Occupations Code, proof that those
services occurred is prima facie evidence that:
(1) the defendant knowingly tolerated the activity;
and
(2) the place in which the business provides those
services is habitually used for 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 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.