By: Hernandez (Senate Sponsor - Huffman) H.B. No. 240

(In the Senate - Received from the House April 27, 2017; May 10, 2017, read first time and referred to Committee on Criminal Justice; May 19, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 19, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 240 By: Whitmire

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 125.004, Civil Practice and Remedies Code, is amended by adding Subsections (a-1), (a-2), and (e) to read as follows:

(a-1) Proof in the form of a person's arrest or the testimony of a law enforcement agent that an activity described by Section 125.0015(a)(6) or (7) is committed at a place licensed as a massage establishment under Chapter 455, Occupations Code, or advertised as offering massage therapy or massage services is prima facie evidence that the defendant knowingly tolerated the activity.

(a-2) Proof that an activity described by Section 125.0015(a)(18) is committed at a place maintained by the defendant is prima facie evidence that the defendant:

(1) knowingly tolerated the activity; and

(2) did not make a reasonable attempt to abate the activity.

(e) Evidence of a previous suit filed under this chapter that resulted in a judgment against a landowner with respect to an activity described by Section 125.0015 at the landowner's property is admissible in a subsequent suit filed under this chapter to demonstrate that the landowner:

(1) knowingly tolerated the activity; and

(2) did not make a reasonable attempt to abate the activity.

SECTION 2. This Act takes effect September 1, 2017.

* * * * *