By Corte H.B. No. 1300
75R4899 SRC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of certain software to persons who access
1-3 the Internet; providing penalties.
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 TO BLOCK OR SCREEN
1-8 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 THAT RESTRICTS ACCESS TO CERTAIN
2-2 MATERIAL ON INTERNET. (a) A person who provides an interactive
2-3 computer service to another person for a fee shall provide free of
2-4 charge to each subscriber of the service in this state a fully
2-5 functional shareware, freeware, or demonstration version of
2-6 software that enables the subscriber to automatically block or
2-7 screen material on the Internet and that provides cost-free usage
2-8 for at least 30 days.
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 text information accessible to a subscriber, a link to the software
2-12 described by Subsection (a). The identity of the link or other
2-13 on-screen depiction of the link must appear in the equivalent of
2-14 10-point type that is boldfaced, capitalized, underlined, or
2-15 otherwise set out from surrounding written or graphical material so
2-16 as to be conspicuous.
2-17 (c) This section does not apply to an institution of higher
2-18 education, as that term is defined by Section 61.003, Education
2-19 Code, that provides interactive computer service.
2-20 Sec. 35.103. CIVIL PENALTY. (a) A person who violates
2-21 Section 35.102 is liable to the state for a civil penalty not to
2-22 exceed $10,000 for each violation.
2-23 (b) The attorney general may institute a suit to recover the
2-24 civil penalty.
2-25 Sec. 35.104. CRIMINAL PENALTY. (a) A person commits an
2-26 offense if the person violates Section 35.102.
2-27 (b) An offense under this section is a Class C misdemeanor.
3-1 SECTION 2. This Act takes effect September 1, 1997, except
3-2 that a civil or criminal penalty for a violation of Section 35.102,
3-3 Business & Commerce Code, as added by this Act, may be imposed only
3-4 for a violation that occurs on or after January 1, 1998.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.