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A BILL TO BE ENTITLED
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AN ACT
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relating to evidence in a suit to abate certain common nuisances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.004, Civil Practice and Remedies |
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Code, is amended by adding Subsection (a-1) and amending Subsection |
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(d) to read as follows: |
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(a-1) If the defendant is a landowner who leases real estate |
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to a person operating a massage establishment as defined by Section |
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455.001, Occupations Code, proof that an activity described by |
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Section 125.0015(a)(6) or (7) is committed at the massage |
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establishment is prima facie evidence that the defendant knowingly |
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tolerated the activity. |
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(d) Notwithstanding Subsections [Subsection] (a) and (a-1), |
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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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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |