Texas 2021 - 87th Regular

Texas House Bill HB2587 Compare Versions

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

Old	New	Differences
1	1	By: Sanford H.B. No. 2587
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the censorship of users' expressions by an interactive
7	7	computer service.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The legislature finds that social media
10	10	platforms are akin to common carriers, are affected with a public
11	11	interest, are central public forums for public debate, and have
12	12	enjoyed governmental support in the United States.
13	13	SECTION 2. Title 6, Civil Practice and Remedies Code, is
14	14	amended by adding Chapter 143A to read as follows:
15	15	CHAPTER 143A. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS
16	16	Sec. 143A.001. DEFINITIONS. In this chapter:
17	17	(1) "Censor" means to block, ban, remove, deplatform,
18	18	demonetize, de-boost, restrict, deny equal access or visibility to,
19	19	or otherwise discriminate against expression.
20	20	(2) "Expression" means any word, music, sound, still
21	21	or moving image, number, or other perceivable communication.
22	22	(3) "Interactive computer service" means an
23	23	information service, system, or access software provider that
24	24	provides or enables computer access by multiple users to a server,
25	25	including a service, system, website, web application, or web
26	26	portal that provides a social media platform for users to engage in
27	27	expressive activity. The term does not include an Internet service
28	28	provider as defined by Section 324.055, Business & Commerce Code.
29	29	(4) "Receive," with respect to an expression, means to
30	30	read, hear, look at, access, or gain access to the expression.
31	31	(5) "Unlawful expression" means an expression that is
32	32	unlawful under the United States Constitution, federal law, the
33	33	Texas Constitution, or the laws of this state.
34	34	(6) "User" means a person who posts, uploads,
35	35	transmits, shares, or otherwise publishes or receives expression,
36	36	through an interactive computer service.
37	37	Sec. 143A.002. CENSORSHIP PROHIBITED. (a) An interactive
38	38	computer service may not censor a user, a user's expression, or a
39	39	user's ability to receive the expression of another person based
40	40	on:
41	41	(1) the viewpoint of the user or another person;
42	42	(2) the viewpoint represented in the user's expression
43	43	or another person's expression; or
44	44	(3) a user's geographic location in this state or any
45	45	part of this state.
46	46	(b) This section applies regardless of whether the
47	47	viewpoint is expressed on the interactive computer service or
48	48	elsewhere.
49	49	Sec. 143A.003. APPLICABILITY OF CHAPTER. (a) This chapter
50	50	applies only to a user who:
51	51	(1) resides in this state;
52	52	(2) does business in this state; or
53	53	(3) shares or receives expression in this state.
54	54	(b) This chapter applies only to expression that is shared
55	55	or received in this state.
56	56	(c) This chapter applies only to an interactive computer
57	57	service that functionally has more than 100 million active users in
58	58	a calendar month.
59	59	Sec. 143A.004. LIMITATION ON EFFECT OF CHAPTER. This
60	60	chapter does not subject an interactive computer service to damages
61	61	or other legal remedies to the extent the interactive computer
62	62	service is protected from those remedies under federal law.
63	63	Sec. 143A.005. CONSTRUCTION OF CHAPTER. This chapter does
64	64	not prohibit an interactive computer service from:
65	65	(1) censoring expression that the interactive
66	66	computer service is specifically authorized to censor by federal
67	67	law; or
68	68	(2) censoring unlawful expression.
69	69	Sec. 143A.006. REMEDY. (a) A user who successfully asserts
70	70	a claim against an interactive computer service for a violation of
71	71	this chapter against that user is entitled to recover:
72	72	(1) declaratory relief under Chapter 37, including
73	73	costs and reasonable and necessary attorney's fees under Section
74	74	37.009; and
75	75	(2) injunctive relief.
76	76	(b) If an interactive computer service fails to promptly
77	77	comply with the court's order in an action brought under this
78	78	section, the court shall hold the interactive computer service in
79	79	contempt and shall use all lawful measures to secure immediate
80	80	compliance, including daily penalties sufficient to secure
81	81	immediate compliance.
82	82	Sec. 143A.007. ACTION BY ATTORNEY GENERAL. (a) The
83	83	attorney general may bring an action for declaratory relief to have
84	84	determined any question of construction or validity arising under
85	85	this chapter and to obtain a declaration of rights, status, or other
86	86	legal relations with respect to this chapter. The attorney general
87	87	may recover costs and reasonable and necessary attorney's fees
88	88	under Section 37.009 in connection with declaratory relief obtained
89	89	under this subsection.
90	90	(b) The attorney general may bring an action to enjoin a
91	91	violation of this chapter. If the injunction is granted, the
92	92	attorney general may recover costs and reasonable attorney's fees
93	93	incurred in bringing the action and reasonable investigative costs
94	94	incurred in relation to the action.
95	95	SECTION 3. (a) Because this Act has been enacted amid
96	96	uncertainty about the application of the United States Constitution
97	97	and relevant federal statutes, every provision, section,
98	98	subsection, sentence, or clause of this Act, and every application
99	99	of the provisions of this Act to any person, group of persons, or
100	100	circumstances are severable from each other. If any application of
101	101	any provision of this Act is found by a court to be unconstitutional
102	102	or invalid, on any ground for any reason whatsoever, the remaining
103	103	application of that provision to other persons and circumstances
104	104	shall be severed and may not be affected. The legislature further
105	105	declares that it would have passed this Act, each provision,
106	106	section, subsection, sentence, or clause of this Act, and all
107	107	constitutional applications of this Act regardless of the fact that
108	108	any provision, section, subsection, sentence, or clause of this Act
109	109	or applications of this Act were to be declared unconstitutional by
110	110	any court.
111	111	(b) If any provision of this Act is found by any court to be
112	112	unconstitutionally vague, the applications of that provision that
113	113	do not present constitutional vagueness problems shall be severed
114	114	and remain in force.
115	115	SECTION 4. Chapter 143A, Civil Practice and Remedies Code,
116	116	as added by this Act, applies only to an action taken on or after the
117	117	effective date of this Act.
118	118	SECTION 5. This Act takes effect September 1, 2021.