| |
| |
|
|
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 125.002, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsection (b-1) to read as follows: |
|
|
(b-1) If the nuisance that is the basis of the suit brought |
|
|
under Subsection (a) involves massage therapy or other massage |
|
|
services that are provided in violation of Chapter 455, Occupations |
|
|
Code, a person bringing the suit may request a landowner or landlord |
|
|
of the place where the nuisance is allegedly maintained to provide |
|
|
the contact information of the business or the owner of the |
|
|
business. The landowner or landlord shall provide the requested |
|
|
information not later than the seventh day after the date the |
|
|
landowner or landlord receives the request. |
|
|
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 business, or an owner of a |
|
|
business, that provides massage therapy or other massage services |
|
|
in violation of Chapter 455, Occupations Code, proof that those |
|
|
services occurred is prima facie evidence that: |
|
|
(1) the defendant knowingly tolerated the activity; |
|
|
and |
|
|
(2) the place in which the business provides those |
|
|
services is habitually used for 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. |