By: Kolkhorst, et al. S.B. No. 1196
(Smithee)
A BILL TO BE ENTITLED
AN ACT
relating to the declaration of a common nuisance involving a
computer network or web address.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 125.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (1-a) and (4) to read as
follows:
(1-a) "Computer network" means the interconnection of
two or more computers or computer systems by satellite, microwave,
line, or other communication medium with the capability to transmit
information between the computers.
(4) "Web address" means a website operating on the
Internet.
SECTION 2. Section 125.0015, Civil Practice and Remedies
Code, is amended by adding Subsections (c) and (d) to read as
follows:
(c) A person operating a web address or computer network in
connection with an activity described by Subsection (a)(3), (6),
(7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a
common nuisance.
(d) Subsection (c) does not apply to:
(1) a provider of remote computing services or
electronic communication services to the public;
(2) a provider of an interactive computer service as
defined by 47 U.S.C. Section 230;
(3) an Internet service provider;
(4) a search engine operator;
(5) a browsing or hosting company;
(6) an operating system provider; or
(7) a device manufacturer.
SECTION 3. Subchapter A, Chapter 125, Civil Practice and
Remedies Code, is amended by adding Section 125.0025 to read as
follows:
Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES.
(a) A suit to declare that a person operating a web address or
computer network is maintaining a common nuisance may be brought by
an individual, by the attorney general, or by a district, county, or
city attorney.
(b) Except as provided by Section 125.003(d), on a finding
that a web address or computer network is a common nuisance, the
sole remedy available is a judicial finding issued to the attorney
general.
(c) The attorney general may:
(1) notify Internet service providers, search engine
operators, browsing or hosting companies, or device manufacturers
on which applications are hosted of the judicial finding issued to
the attorney general under Subsection (b) to determine if the
persons notified are able to offer technical assistance to the
attorney general in a manner consistent with 47 U.S.C. Section 230;
or
(2) post the judicial finding issued to the attorney
general under Subsection (b) on the attorney general's Internet
website.
SECTION 4. The heading to Section 125.002, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES
[NUISANCE]; BOND.
SECTION 5. Sections 125.002(a), (g), and (h), Civil
Practice and Remedies Code, are amended to read as follows:
(a) A suit to enjoin and abate a common nuisance described
by Section 125.0015(a) or (b) may be brought by an individual, by
the attorney general, or by a district, county, or city attorney.
The suit must be brought in the county in which it is alleged to
exist against the person who is maintaining or about to maintain the
nuisance. The suit must be brought in the name of the state if
brought by the attorney general or a district or county attorney, in
the name of the city if brought by a city attorney, or in the name of
the individual if brought by a private citizen. Verification of the
petition or proof of personal injury by the acts complained of need
not be shown. For purposes of this subsection, personal injury may
include economic or monetary loss.
(g) In an action brought under this chapter, other than an
action brought under Section 125.0025, the petitioner may file a
notice of lis pendens and a certified copy of an order of the court
in the office of the county clerk in each county in which the land is
located. The notice of lis pendens must conform to the requirements
of Section 12.007, Property Code, and constitutes notice as
provided by Section 13.004, Property Code. A certified copy of an
order of the court filed in the office of the county clerk
constitutes notice of the terms of the order and is binding on
subsequent purchasers and lienholders.
(h) A person who may bring a suit under Subsection (a)
[Section 125.0015] shall consider, among other factors, whether the
property owner, the owner's authorized representative, or the
operator or occupant of the business, dwelling, or other place
where the criminal acts occurred:
(1) promptly notifies the appropriate governmental
entity or the entity's law enforcement agency of the occurrence of
criminal acts on the property; and
(2) cooperates with the governmental entity's law
enforcement investigation of criminal acts occurring at the
property.
SECTION 6. This Act takes effect September 1, 2017.