Texas Civil Practice and Remedies Code

§ 125.004 — EVIDENCE

CP § 125.004Title 6. MISCELLANEOUS PROVISIONS · Ch. 125. COMMON AND PUBLIC NUISANCES · Art. A. SUIT TO ABATE CERTAIN COMMON NUISANCES

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(a)Proof that an activity described by Section 125.0015 is frequently committed at the place involved or that the place is frequently used for an activity described by Section 125.0015 is prima facie evidence that the defendant knowingly tolerated the activity. (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 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-2) Proof that an activity described by Section 125.0015(a)(18) is committed at a place maintained by the defendant, after notice 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 considered to be provided to the defendant the earlier of:

(1)seven days after the postmark date of the notice provided under Section 125.0017; or

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Legislative history

Acts 2005, 79th Leg., Ch. 1246 (H.B. 1690), Sec. 4, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 8, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1135 (H.B. 240), Sec. 2, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 7, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 8, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 62(3), eff. September 1, 2021.