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A BILL TO BE ENTITLED
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AN ACT
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relating to state contracts with certain companies that censor |
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their users' speech. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 10, Government Code, is |
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amended by adding Chapter 2275 to read as follows: |
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CHAPTER 2275. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES THAT |
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CENSOR SPEECH |
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Sec. 2275.0001. DEFINITIONS. In this chapter: |
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(1) "Interactive computer services company" means an |
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information service, system, or access software provider that |
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provides or enables computer access by multiple users to a server, |
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including a service, system, website, web application, or web |
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portal that provides a social media platform for at least 10,000 |
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users to engage in expressive activity. The term does not include |
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an Internet service provider as defined by Section 324.055, |
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Business & Commerce Code. |
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(2) "State agency" has the meaning assigned by Section |
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2251.001. |
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(3) "User" means a person that posts, uploads, |
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transmits, or otherwise publishes content using an interactive |
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computer services company. |
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Sec. 2275.0002. PROVISION REQUIRED IN CONTRACT. (a) A |
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state agency may not enter into a contract with an interactive |
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computer services company unless the contract contains a written |
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verification from the company that, during the term of the |
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contract, the company will not block, censor, remove, or otherwise |
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restrict a user's speech. |
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(b) An interactive computer services company may not be |
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considered to have violated Subsection (a) based solely on the |
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adoption by the company of a policy to: |
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(1) restrict access to or availability of content that |
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the interactive computer services company or user of the |
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interactive computer services company reasonably considers to be |
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obscene, lewd, lascivious, filthy, excessively violent, harassing, |
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or otherwise objectionable, regardless of whether that content is |
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constitutionally protected; or |
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(2) enable or make available the technical means to |
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restrict access to content described by Subdivision (1). |
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Sec. 2275.0003. ASSISTANCE FROM ATTORNEY GENERAL. On the |
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request of a state agency, the attorney general shall assist the |
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agency in determining whether an interactive computer services |
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company has engaged in conduct that violates Section 2275.0002(a). |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |