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.