| 1 | 1 | | By: Springer S.B. No. 1461 |
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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 regulation of online global marketplaces. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 9 | 9 | | amended by adding Chapter 121 to read as follows: |
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| 10 | 10 | | CHAPTER 121. ONLINE GLOBAL MARKETPLACES |
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| 11 | 11 | | Sec. 121.001. DEFINITION. In this chapter, "online global |
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| 12 | 12 | | marketplace" means a person that: |
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| 13 | 13 | | (1) provides for consideration, including |
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| 14 | 14 | | consideration deducted as a fee from the transaction, an online |
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| 15 | 15 | | application, software, an Internet website, a system, or another |
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| 16 | 16 | | medium through which a good or service in this state is advertised |
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| 17 | 17 | | or offered to the public as available; and |
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| 18 | 18 | | (2) is not regulated by this state; and |
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| 19 | 19 | | (3) directly or indirectly provides or maintains an |
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| 20 | 20 | | Internet platform for goods or services by: |
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| 21 | 21 | | (A) providing a payment system that facilitates a |
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| 22 | 22 | | transaction between two platform users; |
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| 23 | 23 | | (B) transmitting or otherwise communicating the |
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| 24 | 24 | | offer or acceptance of a transaction between two platform users; |
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| 25 | 25 | | (C) owning or operating the electronic or |
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| 26 | 26 | | physical infrastructure or technology that brings two or more |
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| 27 | 27 | | platform users together; |
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| 28 | 28 | | (D) providing a virtual currency, as defined by |
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| 29 | 29 | | Section 12.001, that platform users are allowed or required to use |
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| 30 | 30 | | to transact; or |
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| 31 | 31 | | (E) providing software development or research |
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| 32 | 32 | | and development activities related to any of the activities |
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| 33 | 33 | | described by this subdivision. |
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| 34 | 34 | | SECTION 2. Chapter 250, Local Government Code, is amended |
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| 35 | 35 | | by adding Section 250.014 to read as follows: |
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| 36 | 36 | | Sec. 250.014. REGULATION OF ONLINE GLOBAL MARKETPLACE |
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| 37 | 37 | | PROHIBITED. (a) In this section, "online global marketplace" has |
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| 38 | 38 | | the meaning assigned by Section 121.001, Business & Commerce Code. |
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| 39 | 39 | | (b) A county or municipality may not: |
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| 40 | 40 | | (1) regulate the operation of an online global |
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| 41 | 41 | | marketplace; or |
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| 42 | 42 | | (2) require an online global marketplace to provide |
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| 43 | 43 | | personally identifiable information of its Internet platform users |
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| 44 | 44 | | without an administrative subpoena or court order. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2023. |
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