BILL ANALYSIS

H.B. 3751

By: Cain

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In response to big tech companies infringing on certain individual liberties, the 87th Texas Legislature enacted legislation addressing censorship of or certain other interference with digital expression and discourse on social media platforms. This legislation afforded users the right to bring an action against a social media platform that violates the protections afforded by the legislature. However, the legislation did not specify a venue for these actions. Many social media companies include in their terms of service provisions requiring any actions against them to be brought in other states more beneficial to the social media companies. H.B. 3751 seeks to require that the actions brought by Texans be heard in Texas by specifying that state law applies to these actions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3751 amends the Civil Practice and Remedies Code to require an action brought against a social media platform under the authority of state law governing discourse on such platforms to be brought and maintained in state court and to specify that state law applies to the action. These provisions apply notwithstanding any other law, any contract, or any venue, forum selection, or choice‑of‑law provision in a contract. The bill applies only to an action filed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.