Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
SB2373 by Hughes (relating to certain deceptive trade practices by interactive computer services.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Business and Commerce Code to make it a violation of the Texas Deceptive Trade Practices-Consumer Protection Act for an interactive computer as defined in the bill that represents the service as viewpoint neutral, impartial, or non-biased to ban, shadow ban, or de-platform a user or to block, censor, remove, de-boost, or otherwise restrict the speech of a user on the basis of the content or viewpoint expressed. The bill would make these provisions inapplicable to an internet service provider and make it a defense to liability that an interactive computer service: voluntarily and in good faith acted to restrict access to or availability of content that is objectively considered to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such content is constitutionally protected, or acted to enable or make available the technical means to restrict access to content as defined in the bill.
Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council