Texas 2021 - 87th Regular

Texas Senate Bill SB855 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 855
	1	+	87R21894 MLH-F
	2	+	By: Hughes S.B. No. 855
	3	+	(Hunter)
	4	+	Substitute the following for S.B. No. 855: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the electronic dissemination of commercial recordings
6	10		or audiovisual works.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Title 14, Business & Commerce Code, is amended by
9	13		adding Chapter 642 to read as follows:
10	14		CHAPTER 642. ELECTRONIC DISSEMINATION OF COMMERCIAL RECORDINGS OR
11	15		AUDIOVISUAL WORKS
12	16		SUBCHAPTER A. GENERAL PROVISIONS
13	17		Sec. 642.001. DEFINITIONS. In this chapter:
14	18		(1) "Electronic dissemination" means initiating a
15	19		transmission of, making available, or otherwise offering a
16	20		recording or audiovisual work for distribution, display, or
17	21		performance through the Internet or other digital network.
18	22		(2) "Recording or audiovisual work" means a recording
19	23		or audiovisual work that consists of substantially all of the
20	24		recording or work. The term does not include a recording or
21	25		audiovisual work that is a short extract from the recording or work.
22	26		(3) "Website" means a set of related web pages served
23	27		from a single web domain. The term does not include a home page or
24	28		channel page for the user account of a person who is not the owner or
25	29		operator of the website on which the user home page or channel page
26	30		appears.
27	31		Sec. 642.002. COMMERCIAL RECORDING OR AUDIOVISUAL WORK.
28	32		For purposes of this chapter, a recording or audiovisual work is
29	33		considered to be a commercial recording or audiovisual work if the
30	34		owner, assignee, authorized agent, or licensee of the recording or
31	35		work disseminates or intends to disseminate the recording or work
32	36		for sale, rental, or performance or exhibition to the public,
33	37		including under license, regardless of whether the person who
34	38		disseminates the recording or work seeks commercial advantage or
35	39		private financial gain from the dissemination.
36	40		Sec. 642.003. APPLICABILITY. This chapter does not apply
37	41		to a website operated by a radio or television station licensed by
38	42		the Federal Communications Commission.
39	43		Sec. 642.004. NO FINANCIAL LIABILITY FOR CERTAIN PROVIDERS.
40	44		This chapter does not impose financial liability on providers of an
41	45		interactive computer service, communications service, commercial
42	46		mobile service, or information service, including an Internet
43	47		access service provider, an advertising network or exchange, a
44	48		domain name registration provider, and a hosting service provider,
45	49		to the extent that the providers provide the transmission, storage,
46	50		or caching of electronic communications or messages of others or
47	51		provide another related telecommunications service, a commercial
48	52		mobile radio service, or an information service, for use by another
49	53		person that violates this chapter.
50	54		SUBCHAPTER B. REQUIRED DISCLOSURES
51	55		Sec. 642.051. DISCLOSURE OF CERTAIN INFORMATION REQUIRED.
52	56		(a) An owner or operator of a website or online service that deals
53	57		in substantial part in the electronic dissemination of third-party
54	58		commercial recordings or audiovisual works, directly or
55	59		indirectly, and that electronically disseminates those recordings
56	60		or works to consumers in this state shall clearly and conspicuously
57	61		disclose on the website or online service in a location that is
58	62		readily accessible to a consumer using or visiting the website or
59	63		online service, the owner or operator's true and correct:
60	64		(1) name;
61	65		(2) physical address;
62	66		(3) telephone number; and
63	67		(4) e-mail address.
64	68		(b) For purposes of this section, a location is considered
65	69		readily accessible on a website or online service if the location
66	70		is:
67	71		(1) a landing or home web page or screen;
68	72		(2) an "about" or "about us" web page or screen;
69	73		(3) a "contact" or "contact us" web page or screen;
70	74		(4) an informational web page or screen; or
71	75		(5) another place on the website or online service
72	76		commonly used to display information identifying the owner or
73	77		operator of the website or online service.
74	78		(c) Subsection (a) applies regardless of whether another
75	79		person has previously electronically disseminated the same
76	80		recording or audiovisual work.
77	81		SUBCHAPTER C. ENFORCEMENT
78	82		Sec. 642.101. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.
79	83		(a) An owner, assignee, authorized agent, or exclusive licensee of
80	84		a commercial recording or audiovisual work electronically
81	85		disseminated by a website or online service in violation of this
82	86		chapter may bring a private cause of action against a person who
83	87		violates or threatens to violate this chapter to obtain:
84	88		(1) a declaratory judgment; and
85	89		(2) permanent or temporary injunctive relief.
86	90		(b) Before filing an action under this section, the
87	91		aggrieved party must provide notice to the person alleged to be in
88	92		violation of this chapter that states:
89	93		(1) the person may be in violation of this chapter; and
90	94		(2) that failure to cure the violation before the 14th
91	95		day after the date of receiving the notice may result in an action
92	96		being filed against the person under this section.
93	97		(c) After the 14th day after the date the aggrieved party
94	98		provides notice under Subsection (b), the aggrieved party may bring
95	99		an action under this section in a court of competent jurisdiction.
96	100		(d) On motion of the party initiating the action, the court
97	101		may make appropriate orders to compel compliance with this chapter.
98	102		(e) The prevailing party is entitled to recover necessary
99	103		expenses incurred in an action under this section, including
100	104		reasonable attorney's fees.
101	105		Sec. 642.102. DECEPTIVE TRADE PRACTICE; REMEDIES. (a) A
102	106		violation of this chapter is a false, misleading, or deceptive act
103	107		or practice as defined by Section 17.46(b).
104	108		(b) The relief provided under this subchapter for a
105	109		violation of this chapter is in addition to any remedy provided
106	110		under other federal or state law, including Subchapter E, Chapter
107	111		17.
108	112		SECTION 2. This Act takes effect January 1, 2022.
109		-	______________________________ ______________________________
110		-	President of the Senate Speaker of the House
111		-	I hereby certify that S.B. No. 855 passed the Senate on
112		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
113		-	the Senate concurred in House amendment on May 29, 2021, by the
114		-	following vote: Yeas 31, Nays 0.
115		-	______________________________
116		-	Secretary of the Senate
117		-	I hereby certify that S.B. No. 855 passed the House, with
118		-	amendment, on May 26, 2021, by the following vote: Yeas 128,
119		-	Nays 19, two present not voting.
120		-	______________________________
121		-	Chief Clerk of the House
122		-	Approved:
123		-	______________________________
124		-	Date
125		-	______________________________
126		-	Governor