By: Hughes, et al.  S.B. No. 12
         (In the Senate - Filed March 1, 2021; March 3, 2021, read
  first time and referred to Committee on State Affairs;
  March 22, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 3; March 22, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 12 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to complaint procedures and disclosure requirements for
  social media platforms and to the censorship of users' expressions
  by an interactive computer service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that social media
  platforms are akin to common carriers, are affected with a public
  interest, are central public forums for public debate, and have
  enjoyed governmental support in the United States.
         SECTION 2.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 113 to read as follows:
  CHAPTER 113.  SOCIAL MEDIA PLATFORMS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 113.001.  DEFINITIONS. In this chapter:
               (1)  "Social media platform" means an Internet website
  or application that is open to the public, allows a user to create
  an account, and enables users to communicate with other users for
  the primary purpose of posting information, comments, messages, or
  images.  The term does not include:
                     (A)  an Internet service provider as defined by
  Section 324.055;
                     (B)  electronic mail; or
                     (C)  an online service, application, or website:
                           (i)  that consists primarily of news,
  sports, entertainment, or other information or content that is not
  user generated but is preselected by the provider; and
                           (ii)  for which any chat, comments, or
  interactive functionality is incidental to, directly related to, or
  dependent on the provision of the content described by Subparagraph
  (i).
               (2)  "User" means a person who posts, uploads,
  transmits, shares, or otherwise publishes or receives content
  through a social media platform.
         Sec. 113.002.  APPLICABILITY OF CHAPTER. (a)  This chapter
  applies only to a user who:
               (1)  resides in this state;
               (2)  does business in this state; or
               (3)  shares or receives content on a social media
  platform in this state.
         (b)  This chapter applies only to a social media platform
  that functionally has more than 100 million active users in a
  calendar month.
  SUBCHAPTER B.  DISCLOSURE REQUIREMENTS
         Sec. 113.051.  PUBLIC DISCLOSURES. (a)  A social media
  platform shall, in accordance with this subchapter, publicly
  disclose accurate information regarding its content management,
  data management, and business practices, including specific
  information regarding how the social media platform:
               (1)  curates and targets content to users;
               (2)  places and promotes content, services, and
  products, including its own content, services, and products;
               (3)  moderates content;
               (4)  uses search, ranking, or other algorithms or
  procedures that determine results on the platform; and
               (5)  provides users' performance data on the use of the
  platform and its products and services.
         (b)  The disclosure required by Subsection (a) must be
  sufficient to enable users to make an informed choice regarding the
  purchase of or use of access to or services from the platform.
         (c)  A social media platform shall publish the disclosure
  required by Subsection (a) on an Internet website that is easily
  accessible by the public.
         Sec. 113.052.  ACCEPTABLE USE POLICY. (a)  A social media
  platform shall publish an acceptable use policy in a location that
  is easily accessible to a user.
         (b)  A social media platform's acceptable use policy must:
               (1)  reasonably inform users about the types of content
  allowed on the social media platform;
               (2)  explain the steps the social media platform will
  take to ensure content complies with the policy;
               (3)  explain the means by which users can notify the
  social media platform of content that potentially violates the
  acceptable use policy, illegal content, or illegal activity, which
  includes:
                     (A)  subject to Subsection (c), making available a
  live company representative to take user complaints through a
  toll-free telephone number that users may call during regular
  business hours;
                     (B)  an e-mail address or relevant complaint
  intake mechanism to handle user complaints; and
                     (C)  a complaint system described by Subchapter C;
  and
               (4)  include publication of a quarterly transparency
  report outlining actions taken to enforce the policy.
         (c)  The live company representative described by Subsection
  (b)(3)(A) must be available eight hours a day, five days a week.
         Sec. 113.053.  QUARTERLY TRANSPARENCY REPORT. (a)  As part
  of a social media platform's acceptable use policy under Section
  113.052, the social media platform shall publish a quarterly
  transparency report that includes, with respect to the preceding
  three-month period:
               (1)  the total number of instances in which the social
  media platform was alerted to illegal content, illegal activity, or
  potentially policy-violating content by:
                     (A)  a user complaint;
                     (B)  an employee of or person contracting with the
  social media platform; or
                     (C)  an internal automated detection tool;
               (2)  subject to Subsection (b), the number of instances
  in which the social media platform took action with respect to
  illegal content, illegal activity, or potentially policy-violating
  content known to the platform due to the nature of the content as
  illegal content, illegal activity, or potentially policy-violating
  content, including:
                     (A)  content removal;
                     (B)  content demonetization;
                     (C)  content deprioritization;
                     (D)  the addition of an assessment to content;
                     (E)  account suspension;
                     (F)  account removal; or 
                     (G)  any other action taken in accordance with the
  platform's acceptable use policy;
               (3)  the country of the user who provided the content
  for each instance described by Subdivision (2);
               (4)  the number of coordinated campaigns, if
  applicable;
               (5)  the number of instances in which a user appealed
  the decision to remove the user's potentially policy-violating
  content;
               (6)  the percentage of appeals described by Subdivision
  (5) that resulted in the restoration of content; and
               (7)  a description of each tool, practice, action, or
  technique used in enforcing the acceptable use policy.
         (b)  The information described by Subsection (a)(2) must be
  categorized by:
               (1)  category of rule violated; and
               (2)  the source of the alert of illegal content,
  illegal activity, or potentially policy-violating content,
  including:
                     (A)  a government;
                     (B)  a user;
                     (C)  an internal automated detection tool;
                     (D)  coordination with other social media
  platforms; or
                     (E)  persons employed by or contracting with the
  platform.
         (c)  A social media platform shall publish the information
  described by Subsection (a) with an open license, in a
  machine-readable and open format, and in a location that is easily
  accessible to users.
  SUBCHAPTER C.  COMPLAINT PROCEDURES
         Sec. 113.101.  COMPLAINT SYSTEM. A social media platform
  shall provide an easily accessible complaint system to enable a
  user to submit a complaint in good faith and keep track of the
  status of the complaint, including a complaint regarding:
               (1)  illegal content or activity; or
               (2)  a decision made by the social media platform to
  remove content posted by the user.
         Sec. 113.102.  PROCESSING OF COMPLAINTS. If a social media
  platform receives notice of illegal content or illegal activity on
  the social media platform, the social media platform shall make a
  good faith effort to evaluate the legality of the content or
  activity within 24 hours of receiving the notice, subject to
  reasonable exceptions based on concerns about the legitimacy of the
  notice.
         Sec. 113.103.  REMOVAL OF CONTENT; EXCEPTIONS.  (a)  Except
  as provided by Subsection (b), if a social media platform removes
  content based on a violation of the platform's acceptable use
  policy under Section 113.052, the social media platform shall,
  concurrently with the removal:
               (1)  notify the user who provided the content of the
  removal and explain why the content was removed;
               (2)  allow the user to appeal the decision to remove the
  content to the platform; and
               (3)  provide written notice to the user who provided
  the content of:
                     (A)  the determination regarding an appeal
  requested under Subdivision (2); and
                     (B)  in the case of a reversal of the social media
  platform's decision to remove the content, the reason for the
  reversal.
         (b)  A social media platform is not required to provide a
  user with notice or an opportunity to appeal under Subsection (a) if
  the social media platform:
               (1)  is unable to contact the user after taking
  reasonable steps to make contact; or
               (2)  knows that the potentially policy-violating
  content relates to an ongoing law enforcement investigation.
         Sec. 113.104.  APPEAL PROCEDURES. If a social media
  platform receives a user complaint that the social media platform
  removed content provided by the user from the platform that the user
  believes was not potentially policy-violating content, the social
  media platform shall, not later than the 14th day after the date the
  platform receives the complaint:
               (1)  review the content;
               (2)  determine whether the content adheres to the
  platform's acceptable use policy;
               (3)  take appropriate steps based on the determination
  under Subdivision (2); and
               (4)  notify the user regarding the determination made
  under Subdivision (2) and the steps taken under Subdivision (3).
  SUBCHAPTER D.  ENFORCEMENT
         Sec. 113.151.  ACTION BY ATTORNEY GENERAL. (a)  The attorney
  general may bring an action against a social media platform to
  enjoin a violation of this chapter.
         (b)  If an injunction is granted in an action brought under
  Subsection (a), the attorney general may recover costs incurred in
  bringing the action, including reasonable attorney's fees and
  reasonable investigative costs.
         SECTION 3.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 143A to read as follows:
  CHAPTER 143A.  DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS
         Sec. 143A.001.  DEFINITIONS. In this chapter:
               (1)  "Censor" means to block, ban, remove, deplatform,
  demonetize, de-boost, restrict, deny equal access or visibility to,
  or otherwise discriminate against expression.
               (2)  "Expression" means any word, music, sound, still
  or moving image, number, or other perceivable communication.
               (3)  "Interactive computer service" means an
  information service, system, or access software provider that
  provides or enables computer access by multiple users to a server
  that provides a social media platform for users to engage in
  expressive activity.  The term does not include an Internet service
  provider as defined by Section 324.055, Business & Commerce Code.
               (4)  "Receive," with respect to an expression, means to
  read, hear, look at, access, or gain access to the expression.
               (5)  "Social media platform" has the meaning assigned
  by Section 113.001, Business & Commerce Code.
               (6)  "Unlawful expression" means an expression that is
  unlawful under the United States Constitution, federal law, the
  Texas Constitution, or the laws of this state.
               (7)  "User" means a person who posts, uploads,
  transmits, shares, or otherwise publishes or receives expression,
  through an interactive computer service.
         Sec. 143A.002.  CENSORSHIP PROHIBITED. (a)  An interactive
  computer service may not censor a user, a user's expression, or a
  user's ability to receive the expression of another person based
  on:
               (1)  the viewpoint of the user or another person;
               (2)  the viewpoint represented in the user's expression
  or another person's expression; or
               (3)  a user's geographic location in this state or any
  part of this state.
         (b)  This section applies regardless of whether the
  viewpoint is expressed on the interactive computer service or
  elsewhere.
         Sec. 143A.003.  APPLICABILITY OF CHAPTER. (a)  This chapter
  applies only to a user who:
               (1)  resides in this state;
               (2)  does business in this state; or
               (3)  shares or receives expression in this state.
         (b)  This chapter applies only to expression that is shared
  or received in this state.
         (c)  This chapter applies only to an interactive computer
  service that functionally has more than 100 million active users in
  a calendar month.
         Sec. 143A.004.  LIMITATION ON EFFECT OF CHAPTER. This
  chapter does not subject an interactive computer service to damages
  or other legal remedies to the extent the interactive computer
  service is protected from those remedies under federal law.
         Sec. 143A.005.  CONSTRUCTION OF CHAPTER. This chapter does
  not prohibit an interactive computer service from:
               (1)  censoring expression that the interactive
  computer service is specifically authorized to censor by federal
  law; or
               (2)  censoring unlawful expression.
         Sec. 143A.006.  USER REMEDIES. (a)  A user may bring an
  action against an interactive computer service that violates this
  chapter with respect to the user.
         (b)  If the user proves that the interactive computer service
  violated this chapter with respect to the user, the user is entitled
  to recover:
               (1)  declaratory relief under Chapter 37, including
  costs and reasonable and necessary attorney's fees under Section
  37.009; and
               (2)  injunctive relief.
         (c)  If an interactive computer service fails to promptly
  comply with a court order in an action brought under this section,
  the court shall hold the interactive computer service in contempt
  and shall use all lawful measures to secure immediate compliance
  with the order, including daily penalties sufficient to secure
  immediate compliance.
         Sec. 143A.007.  ACTION BY ATTORNEY GENERAL. (a)  The
  attorney general may bring an action for declaratory relief to have
  determined any question of construction or validity arising under
  this chapter and to obtain a declaration of rights, status, or other
  legal relations with respect to this chapter. The attorney general
  may recover costs and reasonable and necessary attorney's fees
  under Section 37.009 in connection with declaratory relief obtained
  under this subsection.
         (b)  The attorney general may bring an action to enjoin a
  violation of this chapter. If the injunction is granted, the
  attorney general may recover costs and reasonable attorney's fees
  incurred in bringing the action and reasonable investigative costs
  incurred in relation to the action.
         SECTION 4.  (a)  Because this Act has been enacted amid
  uncertainty about the application of the United States Constitution
  and relevant federal statutes, every provision, section,
  subsection, sentence, or clause of this Act, and every application
  of the provisions of this Act to any person, group of persons, or
  circumstances are severable from each other.  If any application of
  any provision of this Act is found by a court to be unconstitutional
  or invalid, on any ground for any reason whatsoever, the remaining
  application of that provision to other persons and circumstances
  shall be severed and may not be affected.  The legislature further
  declares that it would have passed this Act, each provision,
  section, subsection, sentence, or clause of this Act, and all
  constitutional applications of this Act regardless of the fact that
  any provision, section, subsection, sentence, or clause of this Act
  or applications of this Act were to be declared unconstitutional by
  any court.
         (b)  If any provision of this Act is found by any court to be
  unconstitutionally vague, the applications of that provision that
  do not present constitutional vagueness problems shall be severed
  and remain in force.
         SECTION 5.  Chapter 143A, Civil Practice and Remedies Code,
  as added by this Act, applies only to an action taken on or after the
  effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2021.
 
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