| 1 | 1 | | By: Cain H.B. No. 3750 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to venue and choice of law for certain actions involving |
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| 7 | 7 | | censorship by social media platforms and to statutory damages in |
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| 8 | 8 | | actions brought by social media users against social media |
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| 9 | 9 | | platforms for prohibited censorship. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 143A, Civil Practice and Remedies Code, |
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| 12 | 12 | | is amended by adding Section 143A.0035 to read as follows: |
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| 13 | 13 | | Sec. 143A.0035. VENUE AND CHOICE OF LAW. Notwithstanding |
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| 14 | 14 | | any other law, any contract, or any venue, forum selection, or |
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| 15 | 15 | | choice-of-law provision in a contract, an action brought under this |
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| 16 | 16 | | chapter against a social media platform shall be brought and |
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| 17 | 17 | | maintained in a court in this state, and the law of this state |
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| 18 | 18 | | applies to the action. |
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| 19 | 19 | | SECTION 2. Section 143A.007, Civil Practice and Remedies |
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| 20 | 20 | | Code, is amended by amending Subsection (b) and adding Subsection |
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| 21 | 21 | | (f) to read as follows: |
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| 22 | 22 | | (b) If the user proves that the social media platform |
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| 23 | 23 | | violated this chapter with respect to the user, the user is entitled |
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| 24 | 24 | | to recover: |
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| 25 | 25 | | (1) declaratory relief under Chapter 37, including |
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| 26 | 26 | | costs and reasonable and necessary attorney's fees under Section |
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| 27 | 27 | | 37.009; [and] |
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| 28 | 28 | | (2) injunctive relief; and |
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| 29 | 29 | | (3) statutory damages in an amount that is not less |
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| 30 | 30 | | than $750 and not more than $30,000 for each violation. |
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| 31 | 31 | | (f) Sections 41.003 and 41.004 do not apply to an action |
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| 32 | 32 | | brought under this section. |
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| 33 | 33 | | SECTION 3. Section 143A.0035, Civil Practice and Remedies |
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| 34 | 34 | | Code, as added by this Act, applies to an action filed before, on, |
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| 35 | 35 | | or after the effective date of this Act. |
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| 36 | 36 | | SECTION 4. Section 143A.007, Civil Practice and Remedies |
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| 37 | 37 | | Code, as amended by this Act, applies only to a cause of action that |
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| 38 | 38 | | accrues on or after the effective date of this Act. A cause of |
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| 39 | 39 | | action that accrued before the effective date of this Act is |
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| 40 | 40 | | governed by the law as it existed immediately before the effective |
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| 41 | 41 | | date of this Act, and that law is continued in effect for that |
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| 42 | 42 | | purpose. |
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| 43 | 43 | | SECTION 5. This Act takes effect September 1, 2023. |
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