BILL ANALYSIS

H.B. 2770

By: Smithee

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that including certain activities conducted online among the activities regarding which a person is authorized to file a common nuisance suit would provide an additional deterrent for bad actors and sexual predators. H.B. 2770 seeks to afford such a deterrent by providing for the declaration of a common nuisance involving a computer network or web address and authorizing the attorney general to notify applicable Internet service providers, search engine operators, browsing or hosting companies, or device manufacturers on a judicial finding of nuisance based on such activities or to post such finding on the attorney general's website.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2770 amends the Civil Practice and Remedies Code to establish that a person operating a web address or network of two or more computers in connection with the following activities maintains a common nuisance: engaging in organized criminal activity as a member of a combination; prostitution, promotion of prostitution, or aggravated promotion of prostitution; compelling prostitution; sexual assault; aggravated sexual assault; continuous sexual abuse of a young child or children; massage therapy or other massage services in violation of Occupations Code provisions regulating massage therapy; employing a minor at a commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of items intended to provide sexual stimulation or sexual gratification to the customer; trafficking of persons; sexual conduct or performance by a child; or employment harmful to a child. The bill authorizes an individual, the attorney general, or a district, county, or city attorney to bring a suit to declare that a person operating a web address or network of two or more computers is maintaining a common nuisance. The bill establishes that, except for reasonable attorney's fees and costs awarded to a prevailing party, the sole remedy available on a finding that a web address or such a computer network is a common nuisance is a judicial finding issued to the attorney general. The bill authorizes the attorney general to notify Internet service providers, search engine operators, browsing or hosting companies, or device manufacturers on which applications are hosted of such a judicial finding or to post such a judicial finding on the attorney general's website.

EFFECTIVE DATE

September 1, 2017.