Texas 2017 - 85th Regular

Texas Senate Bill SB1196 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst, et al. S.B. No. 1196
2		-	(Smithee)
	1	+	S.B. No. 1196
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the declaration of a common nuisance involving a
8	6		computer network or web address.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 125.001, Civil Practice and Remedies
11	9		Code, is amended by adding Subdivisions (1-a) and (4) to read as
12	10		follows:
13	11		(1-a) "Computer network" means the interconnection of
14	12		two or more computers or computer systems by satellite, microwave,
15	13		line, or other communication medium with the capability to transmit
16	14		information between the computers.
17	15		(4) "Web address" means a website operating on the
18	16		Internet.
19	17		SECTION 2. Section 125.0015, Civil Practice and Remedies
20	18		Code, is amended by adding Subsections (c) and (d) to read as
21	19		follows:
22	20		(c) A person operating a web address or computer network in
23	21		connection with an activity described by Subsection (a)(3), (6),
24	22		(7), (10), (11), (17), (18), (19), (20), (21), or (22) maintains a
25	23		common nuisance.
26	24		(d) Subsection (c) does not apply to:
27	25		(1) a provider of remote computing services or
28	26		electronic communication services to the public;
29	27		(2) a provider of an interactive computer service as
30	28		defined by 47 U.S.C. Section 230;
31	29		(3) an Internet service provider;
32	30		(4) a search engine operator;
33	31		(5) a browsing or hosting company;
34	32		(6) an operating system provider; or
35	33		(7) a device manufacturer.
36	34		SECTION 3. Subchapter A, Chapter 125, Civil Practice and
37	35		Remedies Code, is amended by adding Section 125.0025 to read as
38	36		follows:
39	37		Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES.
40	38		(a) A suit to declare that a person operating a web address or
41	39		computer network is maintaining a common nuisance may be brought by
42	40		an individual, by the attorney general, or by a district, county, or
43	41		city attorney.
44	42		(b) Except as provided by Section 125.003(d), on a finding
45	43		that a web address or computer network is a common nuisance, the
46	44		sole remedy available is a judicial finding issued to the attorney
47	45		general.
48	46		(c) The attorney general may:
49	47		(1) notify Internet service providers, search engine
50	48		operators, browsing or hosting companies, or device manufacturers
51	49		on which applications are hosted of the judicial finding issued to
52	50		the attorney general under Subsection (b) to determine if the
53	51		persons notified are able to offer technical assistance to the
54	52		attorney general in a manner consistent with 47 U.S.C. Section 230;
55	53		or
56	54		(2) post the judicial finding issued to the attorney
57	55		general under Subsection (b) on the attorney general's Internet
58	56		website.
59	57		SECTION 4. The heading to Section 125.002, Civil Practice
60	58		and Remedies Code, is amended to read as follows:
61	59		Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES
62	60		[NUISANCE]; BOND.
63	61		SECTION 5. Sections 125.002(a), (g), and (h), Civil
64	62		Practice and Remedies Code, are amended to read as follows:
65	63		(a) A suit to enjoin and abate a common nuisance described
66	64		by Section 125.0015(a) or (b) may be brought by an individual, by
67	65		the attorney general, or by a district, county, or city attorney.
68	66		The suit must be brought in the county in which it is alleged to
69	67		exist against the person who is maintaining or about to maintain the
70	68		nuisance. The suit must be brought in the name of the state if
71	69		brought by the attorney general or a district or county attorney, in
72	70		the name of the city if brought by a city attorney, or in the name of
73	71		the individual if brought by a private citizen. Verification of the
74	72		petition or proof of personal injury by the acts complained of need
75	73		not be shown. For purposes of this subsection, personal injury may
76	74		include economic or monetary loss.
77	75		(g) In an action brought under this chapter, other than an
78	76		action brought under Section 125.0025, the petitioner may file a
79	77		notice of lis pendens and a certified copy of an order of the court
80	78		in the office of the county clerk in each county in which the land is
81	79		located. The notice of lis pendens must conform to the requirements
82	80		of Section 12.007, Property Code, and constitutes notice as
83	81		provided by Section 13.004, Property Code. A certified copy of an
84	82		order of the court filed in the office of the county clerk
85	83		constitutes notice of the terms of the order and is binding on
86	84		subsequent purchasers and lienholders.
87	85		(h) A person who may bring a suit under Subsection (a)
88	86		[Section 125.0015] shall consider, among other factors, whether the
89	87		property owner, the owner's authorized representative, or the
90	88		operator or occupant of the business, dwelling, or other place
91	89		where the criminal acts occurred:
92	90		(1) promptly notifies the appropriate governmental
93	91		entity or the entity's law enforcement agency of the occurrence of
94	92		criminal acts on the property; and
95	93		(2) cooperates with the governmental entity's law
96	94		enforcement investigation of criminal acts occurring at the
97	95		property.
98	96		SECTION 6. This Act takes effect September 1, 2017.
	97	+	______________________________ ______________________________
	98	+	President of the Senate Speaker of the House
	99	+	I hereby certify that S.B. No. 1196 passed the Senate on
	100	+	April 19, 2017, by the following vote: Yeas 30, Nays 1.
	101	+	______________________________
	102	+	Secretary of the Senate
	103	+	I hereby certify that S.B. No. 1196 passed the House on
	104	+	May 22, 2017, by the following vote: Yeas 145, Nays 1, one
	105	+	present not voting.
	106	+	______________________________
	107	+	Chief Clerk of the House
	108	+	Approved:
	109	+	______________________________
	110	+	Date
	111	+	______________________________
	112	+	Governor