By: Hernandez (Senate Sponsor - Huffman) H.B. No. 240
(In the Senate - Received from the House April 27, 2017;
May 10, 2017, read first time and referred to Committee on Criminal
Justice; May 19, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 240 By: Whitmire
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 Subsections (a-1), (a-2), and (e) 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 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
is prima facie evidence that the defendant:
(1) knowingly tolerated the activity; and
(2) did not make a reasonable attempt to abate 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 2. This Act takes effect September 1, 2017.
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