By: Landgraf H.B. No. 2767
A BILL TO BE ENTITLED
AN ACT
relating to regulation of online global marketplaces.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. ONLINE GLOBAL MARKETPLACES
Sec. 121.001. DEFINITION. In this chapter, "online global
marketplace" means a person that:
(1) provides for consideration, including
consideration deducted as a fee from the transaction, an online
application, software, an Internet website, a system, or another
medium through which a good or service in this state is advertised
or offered to the public as available; and
(2) is not regulated by this state; and
(3) directly or indirectly provides or maintains an
Internet platform for goods or services by:
(A) providing a payment system that facilitates a
transaction between two platform users;
(B) transmitting or otherwise communicating the
offer or acceptance of a transaction between two platform users;
(C) owning or operating the electronic or
physical infrastructure or technology that brings two or more
platform users together;
(D) providing a virtual currency, as defined by
Section 12.001, that platform users are allowed or required to use
to transact; or
(E) providing software development or research
and development activities related to any of the activities
described by this subdivision.
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Section 250.014 to read as follows:
Sec. 250.014. REGULATION OF ONLINE GLOBAL MARKETPLACE
PROHIBITED. (a) In this section, "online global marketplace" has
the meaning assigned by Section 121.001, Business & Commerce Code.
(b) A county or municipality may not:
(1) regulate the operation of an online global
marketplace; or
(2) require an online global marketplace to provide
personally identifiable information of its Internet platform users
without an administrative subpoena or court order.
SECTION 3. This Act takes effect September 1, 2025.