Bill
HB 715
85(R) - 2017
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence
Civil Remedies
Vote Recommendation
Neutral
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Neutral
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Neutral
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Neutral
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Neutral
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Neutral
Author(s)
Gene Wu
Bill Caption
Relating to evidence in a suit to abate certain common nuisances.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
This bill would require property owners to be notified no later
than the 7th day after an arrest was made on their premises if the arrest was related to
prostitution, promotion of prostitution, or aggravated promotion of
prostitution, or compelling prostitution, and if the property is being leased to a
person operating a message establishment.
This bill would also modify what counts as evidence of a defendant’s guilt in cases involving a common nuisance related to prostitution. If this bill passes, landowners who lease to a massage parlor could be charged with knowingly tolerating a nuisance if there is proof that crimes related to prostitution frequently occur at the establishment. If the property owner is properly notified as required by this bill, it would be considered prima facie evidence that the landowner knowingly tolerated the activity.
Vote Recommendation Notes
The process this bill proposes uses a civil procedure coupled with satisfactory protections to ensure that the property owner is well notified of the activity going on and given time to remedy it before being held accountable. For this reason, even though HB 715 does make certain property owners responsible for the conduct of their renters we remain neutral.
Organizations Supporting
Houston Police Department