H.B. No. 240
AN ACT
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), (7), or (18) that occurs at
property leased to a person operating a massage establishment as
defined by Section 455.001, Occupations Code, not later than the
14th day after the date of the arrest, the law enforcement agency
may provide written notice by certified mail to each person
maintaining the property of the arrest.
SECTION 2. Section 125.004, Civil Practice and Remedies
Code, is amended by adding Subsections (a-1), (a-2), (a-3), and (e)
and amending Subsection (d) 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 after
notice of an arrest was provided to the defendant in accordance with
Section 125.0017 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
after notice of an arrest was provided to the defendant in
accordance with Section 125.0017 is prima facie evidence that the
defendant:
(1) knowingly tolerated the activity; and
(2) did not make a reasonable attempt to abate the
activity.
(a-3) For purposes of Subsections (a-1) and (a-2), notice is
only considered to be provided to the defendant seven days after the
postmark date of the notice provided under Section 125.0017.
(d) Notwithstanding Subsection (a), (a-1), or (a-2),
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.
(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 3. Section 125.004, Civil Practice and Remedies
Code, as amended 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 240 was passed by the House on April
26, 2017, by the following vote: Yeas 121, Nays 25, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 240 on May 26, 2017, by the following vote: Yeas 141, Nays 2, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 240 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor