87R8062 CJC-D
By: Hughes S.B. No. 2119
A BILL TO BE ENTITLED
AN ACT
relating to state contracts with certain companies that censor
their users' speech.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 10, Government Code, is
amended by adding Chapter 2275 to read as follows:
CHAPTER 2275. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES THAT
CENSOR SPEECH
Sec. 2275.0001. DEFINITIONS. In this chapter:
(1) "Interactive computer services company" 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 at least 10,000
users to engage in expressive activity. The term does not include
an Internet service provider as defined by Section 324.055,
Business & Commerce Code.
(2) "State agency" has the meaning assigned by Section
2251.001.
(3) "User" means a person that posts, uploads,
transmits, or otherwise publishes content using an interactive
computer services company.
Sec. 2275.0002. PROVISION REQUIRED IN CONTRACT. (a) A
state agency may not enter into a contract with an interactive
computer services company unless the contract contains a written
verification from the company that, during the term of the
contract, the company will not block, censor, remove, or otherwise
restrict a user's speech.
(b) An interactive computer services company may not be
considered to have violated Subsection (a) based solely on the
adoption by the company of a policy to:
(1) restrict access to or availability of content that
the interactive computer services company or user of the
interactive computer services company reasonably considers to be
obscene, lewd, lascivious, filthy, excessively violent, harassing,
or otherwise objectionable, regardless of whether that content is
constitutionally protected; or
(2) enable or make available the technical means to
restrict access to content described by Subdivision (1).
Sec. 2275.0003. ASSISTANCE FROM ATTORNEY GENERAL. On the
request of a state agency, the attorney general shall assist the
agency in determining whether an interactive computer services
company has engaged in conduct that violates Section 2275.0002(a).
SECTION 2. The changes in law made by this Act apply only to
a contract entered into on or after the effective date of this Act.
A contract entered into before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.