85R691 SCL-D     By: Hernandez H.B. No. 240       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 Subsection (a-1) and amending Subsection   (d) to read as follows:          (a-1)  Proof that massage therapy or other massage services   occur in violation of Chapter 455, Occupations Code, at a place not   licensed for that purpose under that chapter is prima facie   evidence that:                (1)  the defendant knowingly tolerated the activity;   and                 (2)  the place 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 2.  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 3.  This Act takes effect September 1, 2017.