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
A BILL TO BE ENTITLED
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) 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 [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.