| 1 | 1 | | 87R7610 SCL-D |
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| 2 | 2 | | By: Shaheen H.B. No. 2188 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to civil liability for censorship by social media |
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| 8 | 8 | | companies. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 100D to read as follows: |
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| 12 | 12 | | CHAPTER 100D. LIABILITY FOR SOCIAL MEDIA CENSORSHIP |
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| 13 | 13 | | Sec. 100D.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Interactive computer service" means any |
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| 15 | 15 | | information service, system, or access software provider that |
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| 16 | 16 | | provides or enables computer access to a computer server by |
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| 17 | 17 | | multiple users, including a service or system that provides access |
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| 18 | 18 | | to the Internet or a system operated or service offered by a library |
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| 19 | 19 | | or educational institution. |
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| 20 | 20 | | (2) "Information content provider" means a person who |
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| 21 | 21 | | is responsible, wholly or partly, for the creation or development |
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| 22 | 22 | | of information provided through the Internet or any other |
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| 23 | 23 | | interactive computer service. |
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| 24 | 24 | | (3) "Social media site" means an Internet website in |
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| 25 | 25 | | which users share and generate content and locate and connect with |
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| 26 | 26 | | users with common interests. |
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| 27 | 27 | | Sec. 100D.002. APPLICABILITY. This chapter applies only to |
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| 28 | 28 | | an interactive computer service provider that: |
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| 29 | 29 | | (1) is immune from civil liability under federal law; |
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| 30 | 30 | | (2) is not considered a publisher in accordance with |
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| 31 | 31 | | Section 100D.006(b); |
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| 32 | 32 | | (3) has over one million users; and |
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| 33 | 33 | | (4) provides a social media site. |
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| 34 | 34 | | Sec. 100D.003. LIABILITY FOR CENSORSHIP. Except as |
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| 35 | 35 | | provided by Section 100D.006, an interactive computer service |
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| 36 | 36 | | provider that restricts, censors, or suppresses information is |
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| 37 | 37 | | liable to the information content provider and any person who may |
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| 38 | 38 | | have received the information had the information not been |
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| 39 | 39 | | restricted, censored, or suppressed for damages incurred by the |
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| 40 | 40 | | restriction, censorship, or suppression. |
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| 41 | 41 | | Sec. 100D.004. REMEDIES. (a) A claimant who prevails in an |
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| 42 | 42 | | action under this chapter shall be awarded: |
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| 43 | 43 | | (1) compensatory damages; |
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| 44 | 44 | | (2) treble any compensatory damages; |
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| 45 | 45 | | (3) court costs; and |
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| 46 | 46 | | (4) reasonable attorney's fees. |
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| 47 | 47 | | (b) In addition to an award under Subsection (a), a claimant |
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| 48 | 48 | | who prevails in an action under this chapter may be awarded |
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| 49 | 49 | | exemplary damages. |
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| 50 | 50 | | Sec. 100D.005. AUTHORIZED VENUE. A claimant may bring an |
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| 51 | 51 | | action under this chapter in a district court in a county in which |
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| 52 | 52 | | the claimant resides. |
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| 53 | 53 | | Sec. 100D.006. EXCEPTIONS. (a) An interactive computer |
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| 54 | 54 | | service provider is not liable under Section 100D.003 if the |
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| 55 | 55 | | provider: |
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| 56 | 56 | | (1) voluntarily takes an action in good faith to |
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| 57 | 57 | | restrict access to or availability of information that the provider |
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| 58 | 58 | | or a user considers to be obscene, lewd, lascivious, filthy, |
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| 59 | 59 | | excessively violent, harassing, or otherwise objectionable |
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| 60 | 60 | | regardless of whether the information is constitutionally |
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| 61 | 61 | | protected; or |
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| 62 | 62 | | (2) takes an action to enable or make available to a |
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| 63 | 63 | | person, including an information content provider, the technical |
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| 64 | 64 | | means to restrict access to information described by Subdivision |
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| 65 | 65 | | (1). |
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| 66 | 66 | | (b) An interactive computer service provider may state in |
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| 67 | 67 | | the terms of service that the provider is a publisher. If a claimant |
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| 68 | 68 | | agrees to the terms of service, the claimant may not bring an action |
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| 69 | 69 | | under this chapter. |
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| 70 | 70 | | (c) An interactive computer service provider may limit |
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| 71 | 71 | | content to subject matter expressly stated in the provider's terms |
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| 72 | 72 | | of service and is not liable under Section 100D.003 for the |
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| 73 | 73 | | limitation. |
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| 74 | 74 | | SECTION 2. Section 100D.003, Civil Practice and Remedies |
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| 75 | 75 | | Code, as added by this Act, applies only to a cause of action that |
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| 76 | 76 | | accrues on or after the effective date of this Act. |
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| 77 | 77 | | SECTION 3. This Act takes effect September 1, 2021. |
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