Texas 2017 - 85th Regular

Texas House Bill HB2266 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3655 EES-D
2	2	By: White H.B. No. 2266
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring certain retailers to ensure that certain
8	8	products sold or leased by the retailers contain a digital blocking
9	9	capability that renders obscene material inaccessible; creating a
10	10	criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
13	13	amended by adding Chapter 113 to read as follows:
14	14	CHAPTER 113. RETAILERS REQUIRED TO ENSURE CERTAIN PRODUCTS CONTAIN
15	15	DIGITAL BLOCKING CAPABILITY
16	16	Sec. 113.001. DEFINITIONS. In this chapter:
17	17	(1) "Consumer" means an individual who purchases or
18	18	leases for personal, family, or household purposes a product that
19	19	makes content accessible on the Internet.
20	20	(2) "Obscene" has the meaning assigned by Section
21	21	43.21, Penal Code.
22	22	(3) "Retailer" means a person who is engaged in the
23	23	business of selling or leasing directly to a consumer a product that
24	24	makes content accessible on the Internet.
25	25	Sec. 113.002. DIGITAL BLOCKING CAPABILITY. (a) Except as
26	26	provided by Subsection (d), a retailer may not sell or lease to a
27	27	consumer a product that makes content accessible on the Internet
28	28	unless the product contains an active and operating digital
29	29	blocking capability that renders obscene material inaccessible.
30	30	(b) The digital blocking capability:
31	31	(1) must block access to child pornography, revenge
32	32	pornography, and websites known to facilitate prostitution and
33	33	human trafficking;
34	34	(2) may not block access to social media websites that
35	35	provide a means for the websites' users to report obscene material
36	36	and have in place procedures for evaluating those reports and
37	37	removing obscene material; and
38	38	(3) must be distributed by an entity that:
39	39	(A) regularly makes available to consumers
40	40	updates to the digital blocking capability's filters to ensure the
41	41	filters' effectiveness in blocking access to obscene material;
42	42	(B) maintains a website or telephone line that
43	43	consumers can use to report:
44	44	(i) obscene material that is not blocked by
45	45	the digital blocking capability's filters; and
46	46	(ii) material that is not obscene that is
47	47	blocked by the digital blocking capability's filters; and
48	48	(C) has in place procedures for evaluating
49	49	reports made under Paragraph (B) and, if necessary, updating the
50	50	digital blocking capability's filters in a reasonable amount of
51	51	time.
52	52	(c) Except as provided by Subsection (d), a retailer may not
53	53	provide to a consumer methods, source code, or other operating
54	54	instructions for deactivating a product's digital blocking
55	55	capability.
56	56	(d) A retailer may deactivate a product's digital blocking
57	57	capability if the consumer who purchased or leased the product:
58	58	(1) requests in writing that the digital blocking
59	59	capability be deactivated;
60	60	(2) presents identification verifying that the
61	61	consumer is at least 18 years of age;
62	62	(3) acknowledges a written warning regarding the
63	63	potential danger of deactivating the digital blocking capability;
64	64	and
65	65	(4) pays a one-time fee of $20.
66	66	Sec. 113.003. REMISSION AND USE OF FEE. (a) Each quarter,
67	67	a retailer shall remit the fee collected under Section
68	68	113.002(d)(4) to the comptroller in the manner prescribed by the
69	69	comptroller.
70	70	(b) The comptroller shall deposit the fee to the credit of
71	71	the sexual assault program fund established by Section 420.008,
72	72	Government Code. Money deposited to that fund may be used only by:
73	73	(1) the attorney general for grants:
74	74	(A) to faith-based groups, independent school
75	75	districts, and community action organizations for programs for
76	76	victims of human trafficking; and
77	77	(B) to prevent sex trafficking and to provide
78	78	services for victims of sex trafficking;
79	79	(2) the Department of State Health Services for grants
80	80	to support programs assisting victims of human trafficking;
81	81	(3) the office of the governor for grants to support
82	82	human trafficking prosecution projects; and
83	83	(4) any state agency or organization for the purpose
84	84	of conducting human trafficking enforcement programs.
85	85	Sec. 113.004. INJUNCTION. (a) If it appears that a
86	86	retailer is in violation of this chapter, the attorney general, a
87	87	district attorney, or a county attorney may institute an action of
88	88	injunctive relief to restrain the retailer from continuing the
89	89	violation.
90	90	(b) The attorney general, a district attorney, or a county
91	91	attorney may recover reasonable expenses incurred in obtaining
92	92	injunctive relief under this section, including reasonable
93	93	attorney's fees.
94	94	Sec. 113.005. CIVIL ACTION. A consumer injured by a
95	95	violation of this chapter may bring an action for recovery of
96	96	damages. The damages awarded may not be less than the amount the
97	97	consumer paid the retailer to purchase or lease the product with
98	98	respect to which the violation occurred, plus reasonable attorney's
99	99	fees.
100	100	Sec. 113.006. CRIMINAL OFFENSE. (a) A retailer commits an
101	101	offense if the retailer violates this chapter.
102	102	(b) An offense under this section is:
103	103	(1) a Class A misdemeanor if the consumer is younger
104	104	than 18 years of age; and
105	105	(2) a Class C misdemeanor if the consumer is at least
106	106	18 years of age.
107	107	(c) With the consent of the appropriate local district or
108	108	county attorney, the attorney general has concurrent jurisdiction
109	109	with that consenting local prosecutor to prosecute an offense under
110	110	this section.
111	111	SECTION 2. This Act takes effect September 1, 2017.