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