By: Blanco S.B. No. 2137
A BILL TO BE ENTITLED
AN ACT
relating to the cooperation between social media companies and law
enforcement; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 117 to read as follows:
CHAPTER 117. SOCIAL MEDIA COMPANIES
Sec. 117.0001. DEFINITIONS. In this chapter:
(1) "Economic development agreement" means an
agreement entered into between the state or a political subdivision
and a business entity to promote state or local economic
development and stimulate commercial activity, including an
agreement that provides financial or other incentives to the
business to expand the business's operations in this state.
(2) "Law enforcement agency" means an agency of this
state or an agency of a political subdivision of this state
authorized by law to employ peace officers.
(3) "Social media company" means a business entity
operating a dedicated social media Internet website or other
application that enables users to communicate with other users by
posting content, including information, comments, messages, and
images.
Sec. 117.0002. REQUIREMENTS FOR SOCIAL MEDIA COMPANIES.
(a) A social media company, as a condition of being eligible for
economic development incentives authorized by state law, shall:
(1) timely comply with a law enforcement agency's
requests relating to imminent threats to public and personal
safety;
(2) timely report credible threats to a law
enforcement agency; and
(3) collaborate with law enforcement to identify and
prevent violence, including by:
(A) designating one or more employees to work
with law enforcement; and
(B) providing law enforcement with appropriate
contact information to submit requests relating to public safety.
(b) A social media company may not disable law enforcement
accounts on the company's social media Internet website being used
in the course of an ongoing criminal investigation. A social media
company must communicate and coordinate with a law enforcement
agency before removing or deactivating a law enforcement account.
(c) Notwithstanding any other law, a governmental entity
may not enter into an economic development agreement with a social
media company unless the social media company meets or agrees to
meet the conditions described by Subsections (a) and (b).
Sec. 117.0003. CONTACT INFORMATION FOR SOCIAL MEDIA
COMPANIES. The Department of Public Safety, in collaboration with
the attorney general, shall develop and maintain an Internet
website containing the contact information for social media
companies to be used by law enforcement to submit a request for
information from a social media company.
Sec. 117.0004. CIVIL PENALTIES. (a) Except as provided by
Subsection (b) or (c), a social media company that violates this
chapter is liable to this state for a civil penalty in an amount of
not more than $1 million.
(b) A court may award an amount of not more than $3 million
if the court finds the social media company engaged in a pattern or
practice of noncompliance with this chapter.
(c) In lieu of awarding damages under Subsection (a) or (b),
the court may order the forfeiture of any financial grants awarded
to the social media company under an economic development agreement
as a penalty.
(d) The attorney general may bring an action in the name of
the state to recover a penalty under this section.
(e) A penalty collected under this section shall be
deposited in the state treasury to the credit of the compensation to
victims of crime fund established under Subchapter J, Chapter 56B,
Code of Criminal Procedure, except a penalty collected under
Subsection (c) shall be remitted to the governmental entity that
awarded the grant.
SECTION 2. The change in law made by this Act applies only
to an economic development agreement entered into or renewed on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.