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.