Bill: SB 1196, 85(R) - 2017

Committee

Senate Criminal Justice

2nd Chamber Committee

House Judiciary & Civil Jurisprudence

Companion Bill

HB 2770

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Neutral Neutral Neutral Neutral Neutral Neutral

Author(s)

Lois Kolkhorst

Sponsor(s)

John Smithee

Bill Caption

Relating to the declaration of a common nuisance involving a computer network or web address. 


Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

Under SB 1196, a person operating a web address or computer network in connection with certain offenses related to prostitution, trafficking, or other similar sex crimes would be considered as maintaining a common nuisance.

Exemptions would be provided provided for people and entities such as internet service providers, email hosting companies, a search engine operator, and other such basic internet services.

This bill would establish a process for an individual, the attorney general, or a city, county, or district attorney to file a suit to declare that a person operating a web address or computer network is maintaining a common nuisance.

A judicial finding of a common nuisance under this bill would entitle the attorney general to notify internet service providers, hosting companies, or device manufacturers about the finding, or they may post the judicial finding on the attorney general’s website. 

This bill also allows for the abatement of maintaining this common nuisance under the same procedure as other common nuisances. 

Vote Recommendation Notes

This bill would create additional tools to combat sex trafficking and prostitution by creating more ways to abate common nuisances. We opposed a similar bill (HB 2770) because in our view the bill on second reading was too broad because it did not specifically exempt service providers such as search engines, internet services providers, email hosting services, etc. Our concern was that the bill could unintentionally allow major service providers to be declared a common nuisance if the bill passed. This bill has been amended to make those exemptions and in so doing narrows the focus of the bill and satisfies our objection. We remain neutral on SB 1196.
Source URL (retrieved on 04/20/2024 09:04 AM): http://reports.texasaction.com/bill/85r/sb1196?print_view=true