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A BILL TO BE ENTITLED
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AN ACT
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relating to the declaration of a common nuisance involving a |
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computer network or web address. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 125.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivisions (1-a) and (4) to read as |
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follows: |
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(1-a) "Computer network" means the interconnection of |
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two or more computers or computer systems by satellite, microwave, |
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line, or other communication medium with the capability to transmit |
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information among the computers. |
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(4) "Web address" means a website operating on the |
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Internet. |
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SECTION 2. Section 125.0015, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) A person operating a web address or computer network in |
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connection with an activity described by Subsection (a)(3), (a)(6), |
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(a)(7), (a)(10), (a)(11), (a)(17), (a)(18), (a)(19), (a)(20), |
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(a)(21), or (a)(22) or for human trafficking maintains a common |
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nuisance. |
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SECTION 3. Subchapter A, Chapter 125, Civil Practice and |
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Remedies Code, is amended by adding Section 125.0025 to read as |
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follows: |
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Sec. 125.0025. SUIT TO DECLARE CERTAIN COMMON NUISANCES. |
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(a) A suit to declare that a person operating a web address or |
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computer network is maintaining a common nuisance may be brought by |
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an individual, by the attorney general, or by a district, county, or |
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city attorney. |
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(b) Except as provided by Section 125.003(d), on a finding |
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that a web address or computer network is a common nuisance, the |
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sole remedy available is a judicial finding issued to the attorney |
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general. |
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(c) The attorney general may: |
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(1) notify Internet service providers, search engine |
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operators, browsing or hosting companies, or device manufacturers |
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on which applications are hosted of the judicial finding issued to |
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the attorney general under Subsection (b); or |
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(2) post the judicial finding issued to the attorney |
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general under Subsection (b) on the attorney general's Internet |
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website. |
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SECTION 4. The heading to Section 125.002, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 125.002. SUIT TO ABATE CERTAIN COMMON NUISANCES |
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[NUISANCE]; BOND. |
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SECTION 5. Sections 125.002(a), (g), and (h), Civil |
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Practice and Remedies Code, are amended to read as follows: |
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(a) A suit to enjoin and abate a common nuisance described |
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by Section 125.0015(a) or (b) may be brought by an individual, by |
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the attorney general, or by a district, county, or city attorney. |
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The suit must be brought in the county in which it is alleged to |
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exist against the person who is maintaining or about to maintain the |
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nuisance. The suit must be brought in the name of the state if |
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brought by the attorney general or a district or county attorney, in |
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the name of the city if brought by a city attorney, or in the name of |
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the individual if brought by a private citizen. Verification of the |
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petition or proof of personal injury by the acts complained of need |
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not be shown. For purposes of this subsection, personal injury may |
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include economic or monetary loss. |
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(g) In an action brought under this chapter, other than an |
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action brought under Section 125.0025, the petitioner may file a |
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notice of lis pendens and a certified copy of an order of the court |
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in the office of the county clerk in each county in which the land is |
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located. The notice of lis pendens must conform to the requirements |
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of Section 12.007, Property Code, and constitutes notice as |
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provided by Section 13.004, Property Code. A certified copy of an |
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order of the court filed in the office of the county clerk |
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constitutes notice of the terms of the order and is binding on |
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subsequent purchasers and lienholders. |
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(h) A person who may bring a suit under Subsection (a) |
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[Section 125.0015] shall consider, among other factors, whether the |
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property owner, the owner's authorized representative, or the |
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operator or occupant of the business, dwelling, or other place |
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where the criminal acts occurred: |
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(1) promptly notifies the appropriate governmental |
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entity or the entity's law enforcement agency of the occurrence of |
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criminal acts on the property; and |
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(2) cooperates with the governmental entity's law |
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enforcement investigation of criminal acts occurring at the |
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property. |
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SECTION 6. This Act takes effect September 1, 2017. |