| 6 | 4 | | |
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| 7 | 5 | | |
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| 8 | 6 | | A BILL TO BE ENTITLED |
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| 9 | 7 | | AN ACT |
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| 10 | 8 | | relating to the occurrence on certain premises of certain |
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| 11 | 9 | | activities that may constitute a common nuisance. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. Subchapter A, Chapter 125, Civil Practice and |
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| 14 | 12 | | Remedies Code, is amended by adding Section 125.0017 to read as |
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| 15 | 13 | | follows: |
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| 16 | 14 | | Sec. 125.0017. NOTICE OF ARREST FOR CERTAIN ACTIVITIES. If |
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| 17 | 15 | | a law enforcement agency makes an arrest related to an activity |
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| 18 | 16 | | described by Section 125.0015(a)(6) or (7) that occurs at property |
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| 19 | 17 | | leased to a person operating a massage establishment as defined by |
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| 20 | 18 | | Section 455.001, Occupations Code, not later than the seventh day |
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| 21 | 19 | | after the date of the arrest, the law enforcement agency shall |
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| 22 | 20 | | provide written notice by certified mail to the property owner of |
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| 23 | 21 | | the arrest. |
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| 24 | 22 | | SECTION 2. Section 125.004, Civil Practice and Remedies |
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| 25 | 23 | | Code, is amended by adding Subsection (a-1) and amending Subsection |
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| 26 | 24 | | (d) to read as follows: |
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| 27 | 25 | | (a-1) If the defendant is a landowner who leases real estate |
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| 28 | 26 | | to a person operating a massage establishment as defined by Section |
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| 29 | 27 | | 455.001, Occupations Code, proof that an activity described by |
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| 30 | 28 | | Section 125.0015(a)(6) or (7) was committed at the massage |
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| 31 | 29 | | establishment after notice of an arrest was provided to the |
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| 32 | 30 | | landowner in accordance with Section 125.0017 is prima facie |
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| 33 | 31 | | evidence that the defendant knowingly tolerated the activity. |
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| 34 | 32 | | (d) Notwithstanding Subsections [Subsection] (a) and (a-1), |
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| 35 | 33 | | evidence that the defendant, the defendant's authorized |
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| 36 | 34 | | representative, or another person acting at the direction of the |
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| 37 | 35 | | defendant or the defendant's authorized representative requested |
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| 38 | 36 | | law enforcement or emergency assistance with respect to an activity |
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| 39 | 37 | | at the place where the common nuisance is allegedly maintained is |
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| 40 | 38 | | not admissible for the purpose of showing the defendant tolerated |
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| 41 | 39 | | the activity or failed to make reasonable attempts to abate the |
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| 42 | 40 | | activity alleged to constitute the nuisance but may be admitted for |
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| 43 | 41 | | other purposes, such as showing that a crime listed in Section |
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| 44 | 42 | | 125.0015 occurred. Evidence that the defendant refused to |
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| 45 | 43 | | cooperate with law enforcement or emergency services with respect |
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| 46 | 44 | | to the activity is admissible. The posting of a sign prohibiting |
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| 47 | 45 | | the activity alleged is not conclusive evidence that the owner did |
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| 48 | 46 | | not tolerate the activity. |
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| 49 | 47 | | SECTION 3. The change in law made by this Act applies only |
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| 50 | 48 | | to a cause of action that accrues on or after the effective date of |
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| 51 | 49 | | this Act. A cause of action that accrues before the effective date |
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| 52 | 50 | | of this Act is governed by the law applicable to the cause of action |
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| 53 | 51 | | immediately before the effective date of this Act, and that law is |
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| 54 | 52 | | continued in effect for that purpose. |
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| 55 | 53 | | SECTION 4. This Act takes effect September 1, 2017. |
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