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AN ACT
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relating to the occurrence on certain premises of certain |
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activities that may constitute a common nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 125, Civil Practice and |
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Remedies Code, is amended by adding Section 125.0017 to read as |
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follows: |
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Sec. 125.0017. NOTICE OF ARREST FOR CERTAIN ACTIVITIES. If |
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a law enforcement agency makes an arrest related to an activity |
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described by Section 125.0015(a)(6), (7), or (18) that occurs at |
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property leased to a person operating a massage establishment as |
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defined by Section 455.001, Occupations Code, not later than the |
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14th day after the date of the arrest, the law enforcement agency |
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may provide written notice by certified mail to each person |
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maintaining the property of the arrest. |
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SECTION 2. Section 125.004, Civil Practice and Remedies |
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Code, is amended by adding Subsections (a-1), (a-2), (a-3), and (e) |
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and amending Subsection (d) to read as follows: |
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(a-1) Proof in the form of a person's arrest or the |
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testimony of a law enforcement agent that an activity described by |
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Section 125.0015(a)(6) or (7) is committed at a place licensed as a |
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massage establishment under Chapter 455, Occupations Code, or |
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advertised as offering massage therapy or massage services after |
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notice of an arrest was provided to the defendant in accordance with |
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Section 125.0017 is prima facie evidence that the defendant |
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knowingly tolerated the activity. |
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(a-2) Proof that an activity described by Section |
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125.0015(a)(18) is committed at a place maintained by the defendant |
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after notice of an arrest was provided to the defendant in |
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accordance with Section 125.0017 is prima facie evidence that the |
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defendant: |
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(1) knowingly tolerated the activity; and |
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(2) did not make a reasonable attempt to abate the |
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activity. |
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(a-3) For purposes of Subsections (a-1) and (a-2), notice is |
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only considered to be provided to the defendant seven days after the |
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postmark date of the notice provided under Section 125.0017. |
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(d) Notwithstanding Subsection (a), (a-1), or (a-2), |
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evidence that the defendant, the defendant's authorized |
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representative, or another person acting at the direction of the |
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defendant or the defendant's authorized representative requested |
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law enforcement or emergency assistance with respect to an activity |
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at the place where the common nuisance is allegedly maintained is |
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not admissible for the purpose of showing the defendant tolerated |
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the activity or failed to make reasonable attempts to abate the |
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activity alleged to constitute the nuisance but may be admitted for |
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other purposes, such as showing that a crime listed in Section |
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125.0015 occurred. Evidence that the defendant refused to |
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cooperate with law enforcement or emergency services with respect |
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to the activity is admissible. The posting of a sign prohibiting |
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the activity alleged is not conclusive evidence that the owner did |
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not tolerate the activity. |
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(e) Evidence of a previous suit filed under this chapter |
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that resulted in a judgment against a landowner with respect to an |
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activity described by Section 125.0015 at the landowner's property |
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is admissible in a subsequent suit filed under this chapter to |
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demonstrate that the landowner: |
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(1) knowingly tolerated the activity; and |
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(2) did not make a reasonable attempt to abate the |
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activity. |
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SECTION 3. Section 125.004, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 240 was passed by the House on April |
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26, 2017, by the following vote: Yeas 121, Nays 25, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 240 on May 26, 2017, by the following vote: Yeas 141, Nays 2, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 240 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |