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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for censorship by social media |
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companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100D to read as follows: |
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CHAPTER 100D. LIABILITY FOR SOCIAL MEDIA CENSORSHIP |
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Sec. 100D.001. DEFINITIONS. In this chapter: |
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(1) "Interactive computer service" means any |
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information service, system, or access software provider that |
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provides or enables computer access to a computer server by |
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multiple users, including a service or system that provides access |
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to the Internet or a system operated or service offered by a library |
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or educational institution. |
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(2) "Information content provider" means a person who |
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is responsible, wholly or partly, for the creation or development |
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of information provided through the Internet or any other |
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interactive computer service. |
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(3) "Social media site" means an Internet website in |
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which users share and generate content and locate and connect with |
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users with common interests. |
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Sec. 100D.002. APPLICABILITY. This chapter applies only to |
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an interactive computer service provider that: |
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(1) is immune from civil liability under federal law; |
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(2) is not considered a publisher in accordance with |
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Section 100D.006(b); |
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(3) has over one million users; and |
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(4) provides a social media site. |
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Sec. 100D.003. LIABILITY FOR CENSORSHIP. Except as |
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provided by Section 100D.006, an interactive computer service |
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provider that restricts, censors, or suppresses information is |
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liable to the information content provider and any person who may |
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have received the information had the information not been |
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restricted, censored, or suppressed for damages incurred by the |
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restriction, censorship, or suppression. |
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Sec. 100D.004. REMEDIES. (a) A claimant who prevails in an |
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action under this chapter shall be awarded: |
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(1) compensatory damages; |
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(2) treble any compensatory damages; |
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(3) court costs; and |
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(4) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in an action under this chapter may be awarded |
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exemplary damages. |
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Sec. 100D.005. AUTHORIZED VENUE. A claimant may bring an |
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action under this chapter in a district court in a county in which |
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the claimant resides. |
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Sec. 100D.006. EXCEPTIONS. (a) An interactive computer |
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service provider is not liable under Section 100D.003 if the |
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provider: |
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(1) voluntarily takes an action in good faith to |
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restrict access to or availability of information that the provider |
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or a user considers to be obscene, lewd, lascivious, filthy, |
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excessively violent, harassing, or otherwise objectionable |
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regardless of whether the information is constitutionally |
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protected; or |
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(2) takes an action to enable or make available to a |
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person, including an information content provider, the technical |
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means to restrict access to information described by Subdivision |
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(1). |
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(b) An interactive computer service provider may state in |
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the terms of service that the provider is a publisher. If a claimant |
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agrees to the terms of service, the claimant may not bring an action |
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under this chapter. |
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(c) An interactive computer service provider may limit |
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content to subject matter expressly stated in the provider's terms |
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of service and is not liable under Section 100D.003 for the |
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limitation. |
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SECTION 2. Section 100D.003, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |