S.B. No. 1196

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1196 passed the Senate on
	April 19, 2017, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1196 passed the House on
	May 22, 2017, by the following vote:  Yeas 145, Nays 1, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor