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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain retailers to ensure that certain |
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products sold or leased by the retailers contain a digital blocking |
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capability that renders obscene material inaccessible; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 113 to read as follows: |
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CHAPTER 113. RETAILERS REQUIRED TO ENSURE CERTAIN PRODUCTS CONTAIN |
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DIGITAL BLOCKING CAPABILITY |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Consumer" means an individual who purchases or |
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leases for personal, family, or household purposes a product that |
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makes content accessible on the Internet. |
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(2) "Obscene" has the meaning assigned by Section |
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43.21, Penal Code. |
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(3) "Retailer" means a person who is engaged in the |
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business of selling or leasing directly to a consumer a product that |
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makes content accessible on the Internet. |
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Sec. 113.002. DIGITAL BLOCKING CAPABILITY. (a) Except as |
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provided by Subsection (d), a retailer may not sell or lease to a |
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consumer a product that makes content accessible on the Internet |
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unless the product contains an active and operating digital |
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blocking capability that renders obscene material inaccessible. |
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(b) The digital blocking capability: |
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(1) must block access to child pornography, revenge |
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pornography, and websites known to facilitate prostitution and |
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human trafficking; |
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(2) may not block access to social media websites that |
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provide a means for the websites' users to report obscene material |
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and have in place procedures for evaluating those reports and |
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removing obscene material; and |
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(3) must be distributed by an entity that: |
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(A) regularly makes available to consumers |
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updates to the digital blocking capability's filters to ensure the |
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filters' effectiveness in blocking access to obscene material; |
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(B) maintains a website or telephone line that |
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consumers can use to report: |
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(i) obscene material that is not blocked by |
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the digital blocking capability's filters; and |
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(ii) material that is not obscene that is |
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blocked by the digital blocking capability's filters; and |
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(C) has in place procedures for evaluating |
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reports made under Paragraph (B) and, if necessary, updating the |
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digital blocking capability's filters in a reasonable amount of |
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time. |
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(c) Except as provided by Subsection (d), a retailer may not |
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provide to a consumer methods, source code, or other operating |
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instructions for deactivating a product's digital blocking |
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capability. |
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(d) A retailer may deactivate a product's digital blocking |
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capability if the consumer who purchased or leased the product: |
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(1) requests in writing that the digital blocking |
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capability be deactivated; |
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(2) presents identification verifying that the |
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consumer is at least 18 years of age; |
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(3) acknowledges a written warning regarding the |
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potential danger of deactivating the digital blocking capability; |
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and |
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(4) pays a one-time fee of $20. |
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Sec. 113.003. REMISSION AND USE OF FEE. (a) Each quarter, |
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a retailer shall remit the fee collected under Section |
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113.002(d)(4) to the comptroller in the manner prescribed by the |
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comptroller. |
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(b) The comptroller shall deposit the fee to the credit of |
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the sexual assault program fund established by Section 420.008, |
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Government Code. Money deposited to that fund may be used only by: |
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(1) the attorney general for grants: |
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(A) to faith-based groups, independent school |
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districts, and community action organizations for programs for |
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victims of human trafficking; and |
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(B) to prevent sex trafficking and to provide |
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services for victims of sex trafficking; |
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(2) the Department of State Health Services for grants |
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to support programs assisting victims of human trafficking; |
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(3) the office of the governor for grants to support |
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human trafficking prosecution projects; and |
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(4) any state agency or organization for the purpose |
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of conducting human trafficking enforcement programs. |
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Sec. 113.004. INJUNCTION. (a) If it appears that a |
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retailer is in violation of this chapter, the attorney general, a |
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district attorney, or a county attorney may institute an action of |
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injunctive relief to restrain the retailer from continuing the |
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violation. |
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(b) The attorney general, a district attorney, or a county |
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attorney may recover reasonable expenses incurred in obtaining |
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injunctive relief under this section, including reasonable |
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attorney's fees. |
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Sec. 113.005. CIVIL ACTION. A consumer injured by a |
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violation of this chapter may bring an action for recovery of |
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damages. The damages awarded may not be less than the amount the |
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consumer paid the retailer to purchase or lease the product with |
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respect to which the violation occurred, plus reasonable attorney's |
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fees. |
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Sec. 113.006. CRIMINAL OFFENSE. (a) A retailer commits an |
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offense if the retailer violates this chapter. |
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(b) An offense under this section is: |
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(1) a Class A misdemeanor if the consumer is younger |
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than 18 years of age; and |
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(2) a Class C misdemeanor if the consumer is at least |
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18 years of age. |
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(c) With the consent of the appropriate local district or |
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county attorney, the attorney general has concurrent jurisdiction |
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with that consenting local prosecutor to prosecute an offense under |
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this section. |
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SECTION 2. This Act takes effect September 1, 2017. |