By: Sanford H.B. No. 2587
A BILL TO BE ENTITLED
AN ACT
relating to the censorship of users' expressions by an interactive
computer service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that social media
platforms are akin to common carriers, are affected with a public
interest, are central public forums for public debate, and have
enjoyed governmental support in the United States.
SECTION 2. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 143A to read as follows:
CHAPTER 143A. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS
Sec. 143A.001. DEFINITIONS. In this chapter:
(1) "Censor" means to block, ban, remove, deplatform,
demonetize, de-boost, restrict, deny equal access or visibility to,
or otherwise discriminate against expression.
(2) "Expression" means any word, music, sound, still
or moving image, number, or other perceivable communication.
(3) "Interactive computer service" means an
information service, system, or access software provider that
provides or enables computer access by multiple users to a server,
including a service, system, website, web application, or web
portal that provides a social media platform for users to engage in
expressive activity. The term does not include an Internet service
provider as defined by Section 324.055, Business & Commerce Code.
(4) "Receive," with respect to an expression, means to
read, hear, look at, access, or gain access to the expression.
(5) "Unlawful expression" means an expression that is
unlawful under the United States Constitution, federal law, the
Texas Constitution, or the laws of this state.
(6) "User" means a person who posts, uploads,
transmits, shares, or otherwise publishes or receives expression,
through an interactive computer service.
Sec. 143A.002. CENSORSHIP PROHIBITED. (a) An interactive
computer service may not censor a user, a user's expression, or a
user's ability to receive the expression of another person based
on:
(1) the viewpoint of the user or another person;
(2) the viewpoint represented in the user's expression
or another person's expression; or
(3) a user's geographic location in this state or any
part of this state.
(b) This section applies regardless of whether the
viewpoint is expressed on the interactive computer service or
elsewhere.
Sec. 143A.003. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a user who:
(1) resides in this state;
(2) does business in this state; or
(3) shares or receives expression in this state.
(b) This chapter applies only to expression that is shared
or received in this state.
(c) This chapter applies only to an interactive computer
service that functionally has more than 100 million active users in
a calendar month.
Sec. 143A.004. LIMITATION ON EFFECT OF CHAPTER. This
chapter does not subject an interactive computer service to damages
or other legal remedies to the extent the interactive computer
service is protected from those remedies under federal law.
Sec. 143A.005. CONSTRUCTION OF CHAPTER. This chapter does
not prohibit an interactive computer service from:
(1) censoring expression that the interactive
computer service is specifically authorized to censor by federal
law; or
(2) censoring unlawful expression.
Sec. 143A.006. REMEDY. (a) A user who successfully asserts
a claim against an interactive computer service for a violation of
this chapter against that user is entitled to recover:
(1) declaratory relief under Chapter 37, including
costs and reasonable and necessary attorney's fees under Section
37.009; and
(2) injunctive relief.
(b) If an interactive computer service fails to promptly
comply with the court's order in an action brought under this
section, the court shall hold the interactive computer service in
contempt and shall use all lawful measures to secure immediate
compliance, including daily penalties sufficient to secure
immediate compliance.
Sec. 143A.007. ACTION BY ATTORNEY GENERAL. (a) The
attorney general may bring an action for declaratory relief to have
determined any question of construction or validity arising under
this chapter and to obtain a declaration of rights, status, or other
legal relations with respect to this chapter. The attorney general
may recover costs and reasonable and necessary attorney's fees
under Section 37.009 in connection with declaratory relief obtained
under this subsection.
(b) The attorney general may bring an action to enjoin a
violation of this chapter. If the injunction is granted, the
attorney general may recover costs and reasonable attorney's fees
incurred in bringing the action and reasonable investigative costs
incurred in relation to the action.
SECTION 3. (a) Because this Act has been enacted amid
uncertainty about the application of the United States Constitution
and relevant federal statutes, every provision, section,
subsection, sentence, or clause of this Act, and every application
of the provisions of this Act to any person, group of persons, or
circumstances are severable from each other. If any application of
any provision of this Act is found by a court to be unconstitutional
or invalid, on any ground for any reason whatsoever, the remaining
application of that provision to other persons and circumstances
shall be severed and may not be affected. The legislature further
declares that it would have passed this Act, each provision,
section, subsection, sentence, or clause of this Act, and all
constitutional applications of this Act regardless of the fact that
any provision, section, subsection, sentence, or clause of this Act
or applications of this Act were to be declared unconstitutional by
any court.
(b) If any provision of this Act is found by any court to be
unconstitutionally vague, the applications of that provision that
do not present constitutional vagueness problems shall be severed
and remain in force.
SECTION 4. Chapter 143A, Civil Practice and Remedies Code,
as added by this Act, applies only to an action taken on or after the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2021.