SRC-TNM H.B. 1300 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1300
By: Corte (Ogden)
International Relations, Trade & Technology
4-15-97
Engrossed


DIGEST 

Currently, the Internet contains some information of a subject matter
inappropriate for children. However, software is available, free of
charge, that allows parents to effectively screen Internet access to such
material.  Some Internet service providers currently provide screening
software to their clients.  H.B. 1300 would require that all Internet
service providers provide easy access to software that will screen
material inappropriate for children. 

PURPOSE

As proposed, H.B. 1300 outlines provisions and provides a civil penalty
regarding the provision of certain software to persons who access the
Internet. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 35, Business and Commerce Code, by adding
Subchapter I, as follows: 

SUBCHAPTER I. PROVISION OF SOFTWARE TO BLOCK OR SCREEN INTERNET MATERIAL

Sec. 35.101. DEFINITIONS. Defines "freeware," "Internet," "interactive
computer service," and "shareware." 

Sec. 35.102. SOFTWARE THAT RESTRICTS ACCESS TO CERTAIN MATERIAL ON
INTERNET. Sets forth requirements and outlines provisions regarding
software that restricts access to certain material on the Internet. 

Sec. 35.103. CIVIL PENALTY.  Provides that a person who violates Section
35.102 is liable to the state for a civil penalty not to exceed $10,000
for each violation.  Authorizes the attorney general to institute a suit
to recover the civil penalty. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective to January 1, 1998.

SECTION 3. Emergency clause.