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