By: Smithee H.B. No. 2770       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), (a)(6),   (a)(7), (a)(10), (a)(11), (a)(17), (a)(18), (a)(19), (a)(20),   (a)(21), or (a)(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.