| 1 | 1 | | 87R8062 CJC-D |
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| 2 | 2 | | By: Hughes S.B. No. 2119 |
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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 state contracts with certain companies that censor |
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| 8 | 8 | | their users' speech. |
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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. Subtitle F, Title 10, Government Code, is |
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| 11 | 11 | | amended by adding Chapter 2275 to read as follows: |
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| 12 | 12 | | CHAPTER 2275. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES THAT |
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| 13 | 13 | | CENSOR SPEECH |
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| 14 | 14 | | Sec. 2275.0001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Interactive computer services company" means an |
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| 16 | 16 | | information service, system, or access software provider that |
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| 17 | 17 | | provides or enables computer access by multiple users to a server, |
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| 18 | 18 | | including a service, system, website, web application, or web |
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| 19 | 19 | | portal that provides a social media platform for at least 10,000 |
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| 20 | 20 | | users to engage in expressive activity. The term does not include |
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| 21 | 21 | | an Internet service provider as defined by Section 324.055, |
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| 22 | 22 | | Business & Commerce Code. |
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| 23 | 23 | | (2) "State agency" has the meaning assigned by Section |
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| 24 | 24 | | 2251.001. |
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| 25 | 25 | | (3) "User" means a person that posts, uploads, |
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| 26 | 26 | | transmits, or otherwise publishes content using an interactive |
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| 27 | 27 | | computer services company. |
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| 28 | 28 | | Sec. 2275.0002. PROVISION REQUIRED IN CONTRACT. (a) A |
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| 29 | 29 | | state agency may not enter into a contract with an interactive |
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| 30 | 30 | | computer services company unless the contract contains a written |
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| 31 | 31 | | verification from the company that, during the term of the |
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| 32 | 32 | | contract, the company will not block, censor, remove, or otherwise |
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| 33 | 33 | | restrict a user's speech. |
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| 34 | 34 | | (b) An interactive computer services company may not be |
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| 35 | 35 | | considered to have violated Subsection (a) based solely on the |
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| 36 | 36 | | adoption by the company of a policy to: |
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| 37 | 37 | | (1) restrict access to or availability of content that |
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| 38 | 38 | | the interactive computer services company or user of the |
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| 39 | 39 | | interactive computer services company reasonably considers to be |
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| 40 | 40 | | obscene, lewd, lascivious, filthy, excessively violent, harassing, |
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| 41 | 41 | | or otherwise objectionable, regardless of whether that content is |
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| 42 | 42 | | constitutionally protected; or |
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| 43 | 43 | | (2) enable or make available the technical means to |
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| 44 | 44 | | restrict access to content described by Subdivision (1). |
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| 45 | 45 | | Sec. 2275.0003. ASSISTANCE FROM ATTORNEY GENERAL. On the |
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| 46 | 46 | | request of a state agency, the attorney general shall assist the |
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| 47 | 47 | | agency in determining whether an interactive computer services |
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| 48 | 48 | | company has engaged in conduct that violates Section 2275.0002(a). |
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| 49 | 49 | | SECTION 2. The changes in law made by this Act apply only to |
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| 50 | 50 | | a contract entered into on or after the effective date of this Act. |
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| 51 | 51 | | A contract entered into before the effective date of this Act is |
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| 52 | 52 | | governed by the law in effect immediately before the effective date |
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| 53 | 53 | | of this Act, and that law is continued in effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2021. |
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