H.B. No. 240         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), (7), or (18) that occurs at   property leased to a person operating a massage establishment as   defined by Section 455.001, Occupations Code, not later than the   14th day after the date of the arrest, the law enforcement agency   may provide written notice by certified mail to each person   maintaining the property of the arrest.   SECTION 2.  Section 125.004, Civil Practice and Remedies   Code, is amended by adding Subsections (a-1), (a-2), (a-3), and (e)   and amending Subsection (d) 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 after   notice of an arrest was provided to the defendant in accordance with   Section 125.0017 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   after notice of an arrest was provided to the defendant in   accordance with Section 125.0017 is prima facie evidence that the   defendant:                (1)  knowingly tolerated the activity; and                (2)  did not make a reasonable attempt to abate the   activity.          (a-3)  For purposes of Subsections (a-1) and (a-2), notice is   only considered to be provided to the defendant seven days after the   postmark date of the notice provided under Section 125.0017.          (d)  Notwithstanding Subsection (a), (a-1), or (a-2),   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.          (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 3.  Section 125.004, Civil Practice and Remedies   Code, as amended 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.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 240 was passed by the House on April   26, 2017, by the following vote:  Yeas 121, Nays 25, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 240 on May 26, 2017, by the following vote:  Yeas 141, Nays 2, 2   present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 240 was passed by the Senate, with   amendments, on May 24, 2017, by the following vote:  Yeas 28, Nays   3.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor