85R3655 EES-D
By: White H.B. No. 2266
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain retailers to ensure that certain
products sold or leased by the retailers contain a digital blocking
capability that renders obscene material inaccessible; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. RETAILERS REQUIRED TO ENSURE CERTAIN PRODUCTS CONTAIN
DIGITAL BLOCKING CAPABILITY
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Consumer" means an individual who purchases or
leases for personal, family, or household purposes a product that
makes content accessible on the Internet.
(2) "Obscene" has the meaning assigned by Section
43.21, Penal Code.
(3) "Retailer" means a person who is engaged in the
business of selling or leasing directly to a consumer a product that
makes content accessible on the Internet.
Sec. 113.002. DIGITAL BLOCKING CAPABILITY. (a) Except as
provided by Subsection (d), a retailer may not sell or lease to a
consumer a product that makes content accessible on the Internet
unless the product contains an active and operating digital
blocking capability that renders obscene material inaccessible.
(b) The digital blocking capability:
(1) must block access to child pornography, revenge
pornography, and websites known to facilitate prostitution and
human trafficking;
(2) may not block access to social media websites that
provide a means for the websites' users to report obscene material
and have in place procedures for evaluating those reports and
removing obscene material; and
(3) must be distributed by an entity that:
(A) regularly makes available to consumers
updates to the digital blocking capability's filters to ensure the
filters' effectiveness in blocking access to obscene material;
(B) maintains a website or telephone line that
consumers can use to report:
(i) obscene material that is not blocked by
the digital blocking capability's filters; and
(ii) material that is not obscene that is
blocked by the digital blocking capability's filters; and
(C) has in place procedures for evaluating
reports made under Paragraph (B) and, if necessary, updating the
digital blocking capability's filters in a reasonable amount of
time.
(c) Except as provided by Subsection (d), a retailer may not
provide to a consumer methods, source code, or other operating
instructions for deactivating a product's digital blocking
capability.
(d) A retailer may deactivate a product's digital blocking
capability if the consumer who purchased or leased the product:
(1) requests in writing that the digital blocking
capability be deactivated;
(2) presents identification verifying that the
consumer is at least 18 years of age;
(3) acknowledges a written warning regarding the
potential danger of deactivating the digital blocking capability;
and
(4) pays a one-time fee of $20.
Sec. 113.003. REMISSION AND USE OF FEE. (a) Each quarter,
a retailer shall remit the fee collected under Section
113.002(d)(4) to the comptroller in the manner prescribed by the
comptroller.
(b) The comptroller shall deposit the fee to the credit of
the sexual assault program fund established by Section 420.008,
Government Code. Money deposited to that fund may be used only by:
(1) the attorney general for grants:
(A) to faith-based groups, independent school
districts, and community action organizations for programs for
victims of human trafficking; and
(B) to prevent sex trafficking and to provide
services for victims of sex trafficking;
(2) the Department of State Health Services for grants
to support programs assisting victims of human trafficking;
(3) the office of the governor for grants to support
human trafficking prosecution projects; and
(4) any state agency or organization for the purpose
of conducting human trafficking enforcement programs.
Sec. 113.004. INJUNCTION. (a) If it appears that a
retailer is in violation of this chapter, the attorney general, a
district attorney, or a county attorney may institute an action of
injunctive relief to restrain the retailer from continuing the
violation.
(b) The attorney general, a district attorney, or a county
attorney may recover reasonable expenses incurred in obtaining
injunctive relief under this section, including reasonable
attorney's fees.
Sec. 113.005. CIVIL ACTION. A consumer injured by a
violation of this chapter may bring an action for recovery of
damages. The damages awarded may not be less than the amount the
consumer paid the retailer to purchase or lease the product with
respect to which the violation occurred, plus reasonable attorney's
fees.
Sec. 113.006. CRIMINAL OFFENSE. (a) A retailer commits an
offense if the retailer violates this chapter.
(b) An offense under this section is:
(1) a Class A misdemeanor if the consumer is younger
than 18 years of age; and
(2) a Class C misdemeanor if the consumer is at least
18 years of age.
(c) With the consent of the appropriate local district or
county attorney, the attorney general has concurrent jurisdiction
with that consenting local prosecutor to prosecute an offense under
this section.
SECTION 2. This Act takes effect September 1, 2017.