| 1 | 1 | | By: Blanco S.B. No. 2137 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the cooperation between social media companies and law |
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| 7 | 7 | | enforcement; imposing a civil penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 10 | 10 | | amended by adding Chapter 117 to read as follows: |
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| 11 | 11 | | CHAPTER 117. SOCIAL MEDIA COMPANIES |
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| 12 | 12 | | Sec. 117.0001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Economic development agreement" means an |
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| 14 | 14 | | agreement entered into between the state or a political subdivision |
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| 15 | 15 | | and a business entity to promote state or local economic |
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| 16 | 16 | | development and stimulate commercial activity, including an |
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| 17 | 17 | | agreement that provides financial or other incentives to the |
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| 18 | 18 | | business to expand the business's operations in this state. |
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| 19 | 19 | | (2) "Law enforcement agency" means an agency of this |
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| 20 | 20 | | state or an agency of a political subdivision of this state |
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| 21 | 21 | | authorized by law to employ peace officers. |
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| 22 | 22 | | (3) "Social media company" means a business entity |
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| 23 | 23 | | operating a dedicated social media Internet website or other |
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| 24 | 24 | | application that enables users to communicate with other users by |
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| 25 | 25 | | posting content, including information, comments, messages, and |
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| 26 | 26 | | images. |
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| 27 | 27 | | Sec. 117.0002. REQUIREMENTS FOR SOCIAL MEDIA COMPANIES. |
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| 28 | 28 | | (a) A social media company, as a condition of being eligible for |
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| 29 | 29 | | economic development incentives authorized by state law, shall: |
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| 30 | 30 | | (1) timely comply with a law enforcement agency's |
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| 31 | 31 | | requests relating to imminent threats to public and personal |
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| 32 | 32 | | safety; |
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| 33 | 33 | | (2) timely report credible threats to a law |
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| 34 | 34 | | enforcement agency; and |
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| 35 | 35 | | (3) collaborate with law enforcement to identify and |
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| 36 | 36 | | prevent violence, including by: |
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| 37 | 37 | | (A) designating one or more employees to work |
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| 38 | 38 | | with law enforcement; and |
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| 39 | 39 | | (B) providing law enforcement with appropriate |
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| 40 | 40 | | contact information to submit requests relating to public safety. |
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| 41 | 41 | | (b) A social media company may not disable law enforcement |
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| 42 | 42 | | accounts on the company's social media Internet website being used |
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| 43 | 43 | | in the course of an ongoing criminal investigation. A social media |
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| 44 | 44 | | company must communicate and coordinate with a law enforcement |
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| 45 | 45 | | agency before removing or deactivating a law enforcement account. |
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| 46 | 46 | | (c) Notwithstanding any other law, a governmental entity |
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| 47 | 47 | | may not enter into an economic development agreement with a social |
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| 48 | 48 | | media company unless the social media company meets or agrees to |
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| 49 | 49 | | meet the conditions described by Subsections (a) and (b). |
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| 50 | 50 | | Sec. 117.0003. CONTACT INFORMATION FOR SOCIAL MEDIA |
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| 51 | 51 | | COMPANIES. The Department of Public Safety, in collaboration with |
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| 52 | 52 | | the attorney general, shall develop and maintain an Internet |
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| 53 | 53 | | website containing the contact information for social media |
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| 54 | 54 | | companies to be used by law enforcement to submit a request for |
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| 55 | 55 | | information from a social media company. |
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| 56 | 56 | | Sec. 117.0004. CIVIL PENALTIES. (a) Except as provided by |
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| 57 | 57 | | Subsection (b) or (c), a social media company that violates this |
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| 58 | 58 | | chapter is liable to this state for a civil penalty in an amount of |
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| 59 | 59 | | not more than $1 million. |
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| 60 | 60 | | (b) A court may award an amount of not more than $3 million |
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| 61 | 61 | | if the court finds the social media company engaged in a pattern or |
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| 62 | 62 | | practice of noncompliance with this chapter. |
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| 63 | 63 | | (c) In lieu of awarding damages under Subsection (a) or (b), |
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| 64 | 64 | | the court may order the forfeiture of any financial grants awarded |
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| 65 | 65 | | to the social media company under an economic development agreement |
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| 66 | 66 | | as a penalty. |
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| 67 | 67 | | (d) The attorney general may bring an action in the name of |
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| 68 | 68 | | the state to recover a penalty under this section. |
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| 69 | 69 | | (e) A penalty collected under this section shall be |
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| 70 | 70 | | deposited in the state treasury to the credit of the compensation to |
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| 71 | 71 | | victims of crime fund established under Subchapter J, Chapter 56B, |
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| 72 | 72 | | Code of Criminal Procedure, except a penalty collected under |
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| 73 | 73 | | Subsection (c) shall be remitted to the governmental entity that |
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| 74 | 74 | | awarded the grant. |
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| 75 | 75 | | SECTION 2. The change in law made by this Act applies only |
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| 76 | 76 | | to an economic development agreement entered into or renewed on or |
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| 77 | 77 | | after the effective date of this Act. |
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| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2021. |
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