88R3301 SHH-F
By: Blanco S.B. No. 2255
A BILL TO BE ENTITLED
AN ACT
relating to cooperation between social media companies and law
enforcement agencies; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 120, Business & Commerce Code, is
amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. COOPERATION WITH LAW ENFORCEMENT
Sec. 120.121. DEFINITIONS. In this subchapter:
(1) "Economic development agreement" means an
agreement entered into between the state or a political subdivision
and a business entity to promote state or local economic
development and stimulate commercial activity, including an
agreement that provides financial incentives or other incentives to
the business to expand the business's operations in this state.
(2) "Law enforcement agency" means an agency of this
state or an agency of a political subdivision of this state
authorized by law to employ peace officers.
(3) "Social media company" means a business entity
operating a social media platform.
Sec. 120.122. SOCIAL MEDIA COMPANY COOPERATION WITH LAW
ENFORCEMENT AGENCIES. (a) A social media company, as a condition
of being eligible for economic development incentives authorized by
state law, shall:
(1) promptly comply with a law enforcement agency's
requests relating to imminent threats to public and personal
safety;
(2) promptly report credible threats to a law
enforcement agency; and
(3) collaborate with law enforcement agencies to
identify and prevent violence, including by:
(A) designating one or more employees of the
company to work with law enforcement personnel; and
(B) providing law enforcement agencies with
appropriate contact information to submit requests relating to
public safety.
(b) A social media company may not disable law enforcement
accounts on the company's social media Internet website being used
in the course of an ongoing criminal investigation. A social media
company must communicate and coordinate with a law enforcement
agency before removing or deactivating a law enforcement account.
(c) Notwithstanding any other law, a governmental entity
may not enter into an economic development agreement with a social
media company unless the social media company meets or agrees to
meet the conditions described by Subsections (a) and (b).
Sec. 120.123. CONTACT INFORMATION FOR SOCIAL MEDIA
COMPANIES. The Department of Public Safety, in collaboration with
the attorney general, shall develop and maintain an Internet
website containing the contact information for social media
companies to be used by law enforcement personnel to submit a
request for information from a social media company.
SECTION 2. Subchapter D, Chapter 120, Business & Commerce
Code, is amended by adding Section 120.152 to read as follows:
Sec. 120.152. CIVIL PENALTIES. (a) Except as provided by
Subsection (b) or (c), a social media company that violates
Subchapter C-1 is liable to this state for a civil penalty in an
amount of not more than $1 million.
(b) A court may award an amount of not more than $3 million
if the court finds the social media company engaged in a pattern or
practice of noncompliance with Subchapter C-1.
(c) In lieu of awarding damages under Subsection (a) or (b),
the court may order the forfeiture of any financial grants awarded
to the social media company under an economic development agreement
as a penalty.
(d) The attorney general may bring an action in the name of
this state to recover a penalty under this section.
(e) A penalty collected under this section shall be
deposited in the state treasury to the credit of the compensation to
victims of crime fund established under Subchapter J, Chapter 56B,
Code of Criminal Procedure, except that a penalty collected under
Subsection (c) shall be remitted to the governmental entity that
awarded the grant.
SECTION 3. The change in law made by this Act applies only
to an economic development agreement entered into or renewed on or
after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.