Texas 2017 - 85th Regular

Texas House Bill HB2770 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R11117 SCL-F
2	1		By: Smithee H.B. No. 2770
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the declaration of a common nuisance involving a
8	7		computer network or web address.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Section 125.001, Civil Practice and Remedies
11	10		Code, is amended by adding Subdivisions (1-a) and (4) to read as
12	11		follows:
13	12		(1-a) "Computer network" means the interconnection of
14	13		two or more computers or computer systems by satellite, microwave,
15	14		line, or other communication medium with the capability to transmit
16		-	information ~~among~~ the computers.
	15	+	information between the computers.
17	16		(4) "Web address" means a website operating on the
18	17		Internet.
19	18		SECTION 2. Section 125.0015, Civil Practice and Remedies
20		-	Code, is amended by adding Subsection (c) to read as follows:
	19	+	Code, is amended by adding Subsections (c) and (d) to read as
	20	+	follows:
21	21		(c) A person operating a web address or computer network in
22	22		connection with an activity described by Subsection (a)(3), (a)(6),
23	23		(a)(7), (a)(10), (a)(11), (a)(17), (a)(18), (a)(19), (a)(20),
24		-	(a)(21), or (a)(22) or for human trafficking maintains a common
25		-	nuisance.
	24	+	(a)(21), or (a)(22) maintains a common nuisance.
	25	+	(d) Subsection (c) does not apply to:
	26	+	(1) a provider of remote computing services or
	27	+	electronic communication services to the public;
	28	+	(2) a provider of an interactive computer service as
	29	+	defined by 47 U.S.C. Section 230;
	30	+	(3) an Internet service provider;
	31	+	(4) a search engine operator;
	32	+	(5) a browsing or hosting company;
	33	+	(6) an operating system provider; or
	34	+	(7) a device manufacturer.
26	35		SECTION 3. Subchapter A, Chapter 125, Civil Practice and
27	36		Remedies Code, is amended by adding Section 125.0025 to read as
28	37		follows:
29	38		Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES.
30	39		(a) A suit to declare that a person operating a web address or
31	40		computer network is maintaining a common nuisance may be brought by
32	41		an individual, by the attorney general, or by a district, county, or
33	42		city attorney.
34	43		(b) Except as provided by Section 125.003(d), on a finding
35	44		that a web address or computer network is a common nuisance, the
36	45		sole remedy available is a judicial finding issued to the attorney
37	46		general.
38	47		(c) The attorney general may:
39	48		(1) notify Internet service providers, search engine
40	49		operators, browsing or hosting companies, or device manufacturers
41	50		on which applications are hosted of the judicial finding issued to
42		-	the attorney general under Subsection (b); or
	51	+	the attorney general under Subsection (b) to determine if the
	52	+	persons notified are able to offer technical assistance to the
	53	+	attorney general in a manner consistent with 47 U.S.C. Section 230;
	54	+	or
43	55		(2) post the judicial finding issued to the attorney
44	56		general under Subsection (b) on the attorney general's Internet
45	57		website.
46	58		SECTION 4. The heading to Section 125.002, Civil Practice
47	59		and Remedies Code, is amended to read as follows:
48	60		Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES
49	61		[NUISANCE]; BOND.
50	62		SECTION 5. Sections 125.002(a), (g), and (h), Civil
51	63		Practice and Remedies Code, are amended to read as follows:
52	64		(a) A suit to enjoin and abate a common nuisance described
53	65		by Section 125.0015(a) or (b) may be brought by an individual, by
54	66		the attorney general, or by a district, county, or city attorney.
55	67		The suit must be brought in the county in which it is alleged to
56	68		exist against the person who is maintaining or about to maintain the
57	69		nuisance. The suit must be brought in the name of the state if
58	70		brought by the attorney general or a district or county attorney, in
59	71		the name of the city if brought by a city attorney, or in the name of
60	72		the individual if brought by a private citizen. Verification of the
61	73		petition or proof of personal injury by the acts complained of need
62	74		not be shown. For purposes of this subsection, personal injury may
63	75		include economic or monetary loss.
64	76		(g) In an action brought under this chapter, other than an
65	77		action brought under Section 125.0025, the petitioner may file a
66	78		notice of lis pendens and a certified copy of an order of the court
67	79		in the office of the county clerk in each county in which the land is
68	80		located. The notice of lis pendens must conform to the requirements
69	81		of Section 12.007, Property Code, and constitutes notice as
70	82		provided by Section 13.004, Property Code. A certified copy of an
71	83		order of the court filed in the office of the county clerk
72	84		constitutes notice of the terms of the order and is binding on
73	85		subsequent purchasers and lienholders.
74	86		(h) A person who may bring a suit under Subsection (a)
75	87		[Section 125.0015] shall consider, among other factors, whether the
76	88		property owner, the owner's authorized representative, or the
77	89		operator or occupant of the business, dwelling, or other place
78	90		where the criminal acts occurred:
79	91		(1) promptly notifies the appropriate governmental
80	92		entity or the entity's law enforcement agency of the occurrence of
81	93		criminal acts on the property; and
82	94		(2) cooperates with the governmental entity's law
83	95		enforcement investigation of criminal acts occurring at the
84	96		property.
85	97		SECTION 6. This Act takes effect September 1, 2017.