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.