1-1 AN ACT
1-2 relating to the provision of certain software or services to
1-3 persons who access the Internet; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 35, Business & Commerce Code, is amended
1-6 by adding Subchapter I to read as follows:
1-7 SUBCHAPTER I. PROVISION OF SOFTWARE OR SERVICES
1-8 TO BLOCK OR SCREEN INTERNET MATERIAL
1-9 Sec. 35.101. DEFINITIONS. In this subchapter:
1-10 (1) "Freeware" means software that is distributed to a
1-11 person free of charge regardless of whether use of the software is
1-12 subject to certain restrictions.
1-13 (2) "Internet" means the largest nonproprietary
1-14 nonprofit cooperative public computer network, popularly known as
1-15 the Internet.
1-16 (3) "Interactive computer service" means any
1-17 information service or system that provides or enables computer
1-18 access by multiple users to the Internet.
1-19 (4) "Shareware" means copyrighted software in which
1-20 the copyright owner sets certain conditions for its use and
1-21 distribution, including requiring payment to the copyright owner
1-22 after a person who has secured a copy of the software decides to
1-23 use the software, regardless of whether the payment is for
1-24 additional support or functionality for the software.
2-1 Sec. 35.102. SOFTWARE OR SERVICES THAT RESTRICT ACCESS TO
2-2 CERTAIN MATERIAL ON INTERNET. (a) A person who provides an
2-3 interactive computer service to another person for a fee shall
2-4 provide free of charge to each subscriber of the service in this
2-5 state a link leading to fully functional shareware, freeware, or
2-6 demonstration versions of software or to a service that, for at
2-7 least one operating system, enables the subscriber to automatically
2-8 block or screen material on the Internet.
2-9 (b) A provider is considered to be in compliance with this
2-10 section if the provider places, on the provider's first page of
2-11 world wide web text information accessible to a subscriber, a link
2-12 leading to the software or a service described by Subsection (a).
2-13 The identity of the link or other on-screen depiction of the link
2-14 must appear set out from surrounding written or graphical material
2-15 so as to be conspicuous.
2-16 (c) This section does not apply to the General Services
2-17 Commission, in its capacity as the telecommunications provider for
2-18 the state, and an institution of higher education, as that term is
2-19 defined by Section 61.003, Education Code, that provides
2-20 interactive computer service.
2-21 (d) A person who provides a link that complies with this
2-22 section is not liable to a subscriber for any temporary
2-23 inoperability of the link or for the effectiveness of the software
2-24 or service that the person links to.
2-25 Sec. 35.103. CIVIL PENALTY. (a) A person is liable to the
2-26 state for a civil penalty of $2,000 for each day on which the
2-27 person provides an interactive computer service for a fee but fails
3-1 to provide a link to software or a service as required by Section
3-2 35.102. The aggregate civil penalty may not exceed $60,000.
3-3 (b) The attorney general may institute a suit to recover the
3-4 civil penalty. Before filing suit, the attorney general shall give
3-5 the person notice of the person's noncompliance and liability for a
3-6 civil penalty. If the person complies with the requirements of
3-7 Section 35.102 not later than the 30th day after the date of the
3-8 notice, the violation is considered cured and the person is not
3-9 liable for the civil penalty.
3-10 SECTION 2. This Act takes effect September 1, 1997, except
3-11 that a civil penalty for a violation of Section 35.102, Business &
3-12 Commerce Code, as added by this Act, may be imposed only for a
3-13 violation that occurs on or after January 1, 1998.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1300 was passed by the House on April
8, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1300 on April 29, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1300 on May 13, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1300 was passed by the Senate, with
amendments, on April 23, 1997, by a viva-voce vote; at the request
of the House, the Senate appointed a conference committee to
consider the differences between the two houses; and that the
Senate adopted the conference committee report on H.B. No. 1300 on
May 12, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor