| 1 | 1 | | 88R9331 SHH-D |
|---|
| 2 | 2 | | By: Shaheen H.B. No. 3134 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requiring social media platform operators to identify |
|---|
| 8 | 8 | | and notify law enforcement of credible threats of violence |
|---|
| 9 | 9 | | published on their platforms; creating a criminal offense. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 120, Business & Commerce Code, is |
|---|
| 12 | 12 | | amended by adding Subchapter B-1 to read as follows: |
|---|
| 13 | 13 | | SUBCHAPTER B-1. EMERGENCY DISCLOSURE OF CREDIBLE THREATS OF |
|---|
| 14 | 14 | | VIOLENCE TO LAW ENFORCEMENT AGENCIES |
|---|
| 15 | 15 | | Sec. 120.071. DEFINITION. In this subchapter, "credible |
|---|
| 16 | 16 | | threat of violence" means a threat against a person, including a |
|---|
| 17 | 17 | | group of people or organization, or location that causes a |
|---|
| 18 | 18 | | reasonable person to fear death or bodily injury. |
|---|
| 19 | 19 | | Sec. 120.072. IDENTIFYING CREDIBLE THREATS OF VIOLENCE; |
|---|
| 20 | 20 | | DUTY TO NOTIFY LAW ENFORCEMENT. (a) A social media platform shall |
|---|
| 21 | 21 | | develop, operate, and maintain systems and procedures to identify |
|---|
| 22 | 22 | | or receive reports and notifications relating to a credible threat |
|---|
| 23 | 23 | | of violence that a user would be able to post, upload, transmit, |
|---|
| 24 | 24 | | share, or otherwise publish on the social media platform. |
|---|
| 25 | 25 | | (b) A social media platform that identifies in good faith or |
|---|
| 26 | 26 | | is notified about a credible threat of violence under Subsection |
|---|
| 27 | 27 | | (a) shall: |
|---|
| 28 | 28 | | (1) notify the appropriate law enforcement authority; |
|---|
| 29 | 29 | | (2) archive, record, or otherwise preserve the |
|---|
| 30 | 30 | | relevant content; |
|---|
| 31 | 31 | | (3) remove the offending content from being publicly |
|---|
| 32 | 32 | | accessible; and |
|---|
| 33 | 33 | | (4) take any appropriate action against the user |
|---|
| 34 | 34 | | account in accordance with the social media platform's published |
|---|
| 35 | 35 | | acceptable use policy. |
|---|
| 36 | 36 | | SECTION 2. Subchapter D, Chapter 120, Business & Commerce |
|---|
| 37 | 37 | | Code, is amended by adding Section 120.152 to read as follows: |
|---|
| 38 | 38 | | Sec. 120.152. CRIMINAL PENALTY FOR FAILING TO NOTIFY LAW |
|---|
| 39 | 39 | | ENFORCEMENT OF CERTAIN CREDIBLE THREATS. (a) A social media |
|---|
| 40 | 40 | | platform operator commits an offense if the social media platform |
|---|
| 41 | 41 | | operator violates Section 120.072. |
|---|
| 42 | 42 | | (b) An offense under this section is a Class A misdemeanor |
|---|
| 43 | 43 | | except that the offense is a state jail felony if the conduct is |
|---|
| 44 | 44 | | committed intentionally or knowingly. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|