89R8703 MLH-D
By: Lalani H.B. No. 2874
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of provenance data on content shared on
social media platforms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 120, Business & Commerce Code, is
amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. PROVENANCE DATA
Sec. 120.081. DEFINITION. In this subchapter, "provenance
data" means metadata on a file that can be used to identify:
(1) the date and place of the file's origin;
(2) the method used to generate the file; or
(3) the file's history, including the manner in which
the file has been transmitted or stored.
Sec. 120.082. APPLICABILITY OF SUBCHAPTER. (a)
Notwithstanding Section 120.002(b), this subchapter applies only
to a social media platform that functionally has more than 1.5
million active users in this state in a calendar month.
(b) Notwithstanding Section 120.002(b), Subchapter D
applies to a social media platform described by Subsection (a) for
the purpose of enforcing this subchapter.
Sec. 120.083. CONTENT CREATED ON SOCIAL MEDIA PLATFORM.
(a) A social media platform shall attach provenance data to each
photo, video, or audio file created on the social media platform or
using tools provided by the social media platform.
(b) A social media platform shall provide a method by which
a user may easily access the provenance data of a photo, video, or
audio file described by Subsection (a).
Sec. 120.084. CONTENT POSTED TO SOCIAL MEDIA PLATFORM. (a)
A social media platform shall attach provenance data to each photo,
video, or audio file posted on the social media platform for which
the social media platform can discern the file's provenance data.
(b) If a social media platform cannot discern the provenance
data of a photo, video, or audio file, the social media platform
shall attach a notice to the file stating that the social media
platform cannot discern the provenance data of the file.
(c) A social media platform shall provide a method by which
a user may easily access the provenance data of a photo, video, or
audio file. The notice required by Subsection (b) must be displayed
in place of provenance data, if a notice is attached to the file.
SECTION 2. This Act takes effect September 1, 2025.