88R9008 SCL-D
By: Cain H.B. No. 3752
A BILL TO BE ENTITLED
AN ACT
relating 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. 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 2. 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 3. This Act takes effect September 1, 2023.