| 1 | 1 | | 89R16098 SCR-D |
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| 2 | 2 | | By: Johnson S.B. No. 2638 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the misleading use of bot accounts; authorizing a civil |
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| 10 | 10 | | penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Title 99, Business & Commerce Code, is amended by |
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| 13 | 13 | | adding Chapter 2005 to read as follows: |
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| 14 | 14 | | CHAPTER 2005. MISLEADING USE OF BOT ACCOUNTS |
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| 15 | 15 | | Sec. 2005.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Bot account" means an account on an online |
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| 17 | 17 | | service, controlled by an automated software program, that is |
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| 18 | 18 | | designed to impersonate or replicate human activity online by |
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| 19 | 19 | | posting content or messaging users on the online service. |
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| 20 | 20 | | (2) "Online service" means any publicly accessible |
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| 21 | 21 | | Internet website, online application, mobile application, or |
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| 22 | 22 | | virtual reality environment, including a social media service, |
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| 23 | 23 | | social media network, online marketplace, or online application |
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| 24 | 24 | | store, that provides a community forum for user-generated content, |
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| 25 | 25 | | including the sharing of videos, images, games, audio files, text, |
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| 26 | 26 | | or other material. |
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| 27 | 27 | | Sec. 2005.002. MISLEADING USE OF BOT ACCOUNTS PROHIBITED. |
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| 28 | 28 | | (a) A person may not induce another person to enter into a |
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| 29 | 29 | | commercial transaction through the use of a bot account in a manner |
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| 30 | 30 | | likely to mislead a reasonable person as to the identity of the |
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| 31 | 31 | | account user. |
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| 32 | 32 | | (b) A person is not liable under this section if the person |
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| 33 | 33 | | clearly and conspicuously discloses the account the person is using |
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| 34 | 34 | | is a bot account. |
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| 35 | 35 | | Sec. 2005.003. DECEPTIVE TRADE PRACTICE. A violation of |
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| 36 | 36 | | this chapter is a false, misleading, or deceptive act or practice in |
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| 37 | 37 | | addition to the acts and practices described by Subchapter E, |
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| 38 | 38 | | Chapter 17, and is actionable under that subchapter. |
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| 39 | 39 | | SECTION 2. Chapter 255, Election Code, is amended by adding |
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| 40 | 40 | | Section 255.009 to read as follows: |
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| 41 | 41 | | Sec. 255.009. MISLEADING USE OF BOT ACCOUNTS. (a) In this |
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| 42 | 42 | | section, "bot account" has the meaning assigned by Section |
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| 43 | 43 | | 2005.001, Business & Commerce Code. |
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| 44 | 44 | | (b) A person may not use a bot account to influence the |
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| 45 | 45 | | result of an election in a manner likely to mislead a reasonable |
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| 46 | 46 | | person as to the identity of the account user. |
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| 47 | 47 | | (c) A person is not liable under this section if the person |
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| 48 | 48 | | clearly and conspicuously discloses the account the person is using |
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| 49 | 49 | | is a bot account. |
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| 50 | 50 | | (d) The commission may investigate a complaint alleging a |
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| 51 | 51 | | violation of this section. |
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| 52 | 52 | | (e) A person who violates this section is liable for a civil |
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| 53 | 53 | | penalty in an amount determined by the commission not to exceed: |
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| 54 | 54 | | (1) $4,000 for the first violation; and |
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| 55 | 55 | | (2) $8,000 for the second or a subsequent violation. |
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| 56 | 56 | | (f) The attorney general may bring an action to recover the |
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| 57 | 57 | | civil penalty described by Subsection (e). |
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| 58 | 58 | | SECTION 3. The changes in law made by this Act apply only to |
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| 59 | 59 | | conduct that occurs on or after the effective date of this Act. |
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| 60 | 60 | | SECTION 4. This Act takes effect September 1, 2025. |
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