Texas 2025 - 89th Regular

Texas House Bill HB4087

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.

Impact

The bill amends the Business & Commerce Code to tighten regulations on social media platforms by defining them as common carriers, ensuring they must allow users to express their views without discrimination. It introduces the possibility of damages for users whose expressions are censored, emphasizing the role of state law in providing remedies where federal protections might fall short. By reinforcing state-level oversight, the bill aims to guarantee that all viewpoints are represented and accessible on these platforms, potentially altering the regulatory landscape for digital communication.

Summary

House Bill 4087 seeks to address the issue of censorship in digital expression, particularly on social media platforms and electronic communication. The bill stems from concerns that the previous legislation, H.B. 20, was misunderstood and did not effectively prevent censorship as intended. It provides further clarification and outlines necessary remedies for individuals who experience censorship of their expressions on these platforms. Supporters argue that the bill is needed to protect free speech from federal government overreach through dominant social media companies.

Conclusion

If enacted, HB 4087 would set a significant precedent in regulating the relationship between users and social media platforms, particularly in Texas. By positioning state law as a countermeasure against perceived federal overreach, it could influence similar legislative efforts in other states, while also raising questions about the future of online expression and the responsibilities of social media companies.

Contention

Notable points of contention include the balance between combating censorship and ensuring that social media companies can maintain their terms of service and moderate content as they see fit. Critics may argue that the bill's enforcement mechanisms could lead to challenges in how platforms manage user-generated content, potentially infringing on their operational freedoms. Furthermore, some proponents of free speech worry that while the bill aims to protect against government censorship, it might unintentionally create an environment that complicates the moderation of harmful or misleading content.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 143. Harmful Access By Computer
    • Section: New Section

Companion Bills

TX SB1626

Identical Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.

Previously Filed As

TX HB3750

Relating to venue and choice of law for certain actions involving censorship by social media platforms and to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX HB3752

Relating to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX HB3751

Relating to venue and choice of law for certain actions involving censorship by social media platforms.

TX SB2510

Relating to statutory damages in actions brought by social media users against social media platforms for prohibited censorship.

TX SB1602

Relating to venue and choice of law for certain actions involving censorship by social media platforms.

TX HB18

Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

TX HB2155

Relating to prohibiting social media platforms from using certain social media algorithms to target minors.

TX HB850

Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing an administrative penalty.

TX SB274

Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing an administrative penalty.

TX HB3134

Relating to requiring social media platform operators to identify and notify law enforcement of credible threats of violence published on their platforms; creating a criminal offense.

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