By Garcia H.B. No. 173
76R689 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a person in the business of selling personal
1-3 computers to provide certain software with each personal computer
1-4 sold.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 35.103, Business & Commerce Code, is
1-7 amended to read as follows:
1-8 Sec. 35.103. CIVIL PENALTY. (a) A person is liable to the
1-9 state for a civil penalty of $2,000 for each violation of Section
1-10 35.104 and for each day on which the person provides an interactive
1-11 computer service for a fee but fails to provide a link to software
1-12 or a service as required by Section 35.102. The aggregate civil
1-13 penalty for failure to comply with the requirements of Section
1-14 35.102 may not exceed $60,000.
1-15 (b) The attorney general may institute a suit to recover the
1-16 civil penalty. Before filing suit, the attorney general shall give
1-17 the person notice of the person's noncompliance and liability for a
1-18 civil penalty. If the person complies with the requirements of
1-19 this subchapter [Section 35.102] not later than the 30th day after
1-20 the date of the notice, the violation is considered cured and the
1-21 person is not liable for the civil penalty.
1-22 SECTION 2. Subchapter I, Chapter 35, Business & Commerce
1-23 Code, is amended by adding Section 35.104 to read as follows:
1-24 Sec. 35.104. SOFTWARE TO BE INCLUDED WITH SALE OF PERSONAL
2-1 COMPUTER. (a) A person in the business of selling personal
2-2 computers shall provide with each personal computer sold by that
2-3 person software that enables the purchaser of the personal computer
2-4 to automatically block or screen indecent material on the Internet.
2-5 (b) Software provided in compliance with Subsection (a)
2-6 must be compatible with any operating system that is provided by
2-7 the seller to the purchaser of the personal computer at the time of
2-8 purchase. If an operating system is not provided by the seller of
2-9 the personal computer, the software required under Subsection (a)
2-10 must be compatible with at least one operating system that may be
2-11 installed to operate on the computer.
2-12 SECTION 3. This Act takes effect September 1, 1999, except
2-13 that a civil penalty for a violation of Section 35.104, Business &
2-14 Commerce Code, as added by this Act, may be imposed only for a
2-15 violation that occurs on or after January 1, 2000.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.