By: Cain H.B. No. 3750
A BILL TO BE ENTITLED
AN ACT
relating to venue and choice of law for certain actions involving
censorship by social media platforms and to statutory damages in
actions brought by social media users against social media
platforms for prohibited censorship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 143A, Civil Practice and Remedies Code,
is amended by adding Section 143A.0035 to read as follows:
Sec. 143A.0035. VENUE AND CHOICE OF LAW. Notwithstanding
any other law, any contract, or any venue, forum selection, or
choice-of-law provision in a contract, an action brought under this
chapter against a social media platform shall be brought and
maintained in a court in this state, and the law of this state
applies to the action.
SECTION 2. Section 143A.007, Civil Practice and Remedies
Code, is amended by amending Subsection (b) and adding Subsection
(f) to read as follows:
(b) If the user proves that the social media platform
violated this chapter with respect to the user, the user is entitled
to recover:
(1) declaratory relief under Chapter 37, including
costs and reasonable and necessary attorney's fees under Section
37.009; [and]
(2) injunctive relief; and
(3) statutory damages in an amount that is not less
than $750 and not more than $30,000 for each violation.
(f) Sections 41.003 and 41.004 do not apply to an action
brought under this section.
SECTION 3. Section 143A.0035, Civil Practice and Remedies
Code, as added by this Act, applies to an action filed before, on,
or after the effective date of this Act.
SECTION 4. Section 143A.007, Civil Practice and Remedies
Code, as amended by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act. A cause of
action that accrued before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2023.