By: Elkins H.B. No. 4261
A BILL TO BE ENTITLED
AN ACT
relating to the transparent disclosure of Internet advertising
practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 323, Business and Commerce Code, is
amended by adding Section 323.004 to read as follows:
Sec. 323.004. (a) Any online advertising platform which is
used to advertise goods or services in Texas and which restricts
access to sell goods or services on that platform shall provide a
prominent online disclosure of such restrictions, including:
(1) limitation on the types, quantities, or
characteristics of goods permitted to be advertised on the online
advertising platform;
(2) limitation on the nature or characteristics of
services permitted to be advertised on the online advertising
platform; and
(3) the fact, if true, that such goods or services are
otherwise legal to offer or sell in Texas.
(b)
A violation of (a) by the provider of an online
advertising platform is a false, misleading, or deceptive act or
practice subject to action by the consumer protection division
under section 17.46(a).
SECTION 2. This Act takes effect September 1, 2017.