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A BILL TO BE ENTITLED
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AN ACT
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relating to the cooperation between social media companies and law |
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enforcement; imposing a civil penalty. |
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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 117 to read as follows: |
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CHAPTER 117. SOCIAL MEDIA COMPANIES |
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Sec. 117.0001. DEFINITIONS. In this chapter: |
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(1) "Economic development agreement" means an |
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agreement entered into between the state or a political subdivision |
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and a business entity to promote state or local economic |
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development and stimulate commercial activity, including an |
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agreement that provides financial or other incentives to the |
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business to expand the business's operations in this state. |
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(2) "Law enforcement agency" means an agency of this |
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state or an agency of a political subdivision of this state |
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authorized by law to employ peace officers. |
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(3) "Social media company" means a business entity |
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operating a dedicated social media Internet website or other |
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application that enables users to communicate with other users by |
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posting content, including information, comments, messages, and |
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images. |
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Sec. 117.0002. REQUIREMENTS FOR SOCIAL MEDIA COMPANIES. |
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(a) A social media company, as a condition of being eligible for |
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economic development incentives authorized by state law, shall: |
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(1) timely comply with a law enforcement agency's |
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requests relating to imminent threats to public and personal |
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safety; |
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(2) timely report credible threats to a law |
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enforcement agency; and |
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(3) collaborate with law enforcement to identify and |
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prevent violence, including by: |
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(A) designating one or more employees to work |
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with law enforcement; and |
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(B) providing law enforcement with appropriate |
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contact information to submit requests relating to public safety. |
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(b) A social media company may not disable law enforcement |
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accounts on the company's social media Internet website being used |
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in the course of an ongoing criminal investigation. A social media |
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company must communicate and coordinate with a law enforcement |
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agency before removing or deactivating a law enforcement account. |
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(c) Notwithstanding any other law, a governmental entity |
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may not enter into an economic development agreement with a social |
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media company unless the social media company meets or agrees to |
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meet the conditions described by Subsections (a) and (b). |
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Sec. 117.0003. CONTACT INFORMATION FOR SOCIAL MEDIA |
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COMPANIES. The Department of Public Safety, in collaboration with |
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the attorney general, shall develop and maintain an Internet |
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website containing the contact information for social media |
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companies to be used by law enforcement to submit a request for |
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information from a social media company. |
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Sec. 117.0004. CIVIL PENALTIES. (a) Except as provided by |
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Subsection (b) or (c), a social media company that violates this |
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chapter is liable to this state for a civil penalty in an amount of |
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not more than $1 million. |
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(b) A court may award an amount of not more than $3 million |
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if the court finds the social media company engaged in a pattern or |
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practice of noncompliance with this chapter. |
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(c) In lieu of awarding damages under Subsection (a) or (b), |
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the court may order the forfeiture of any financial grants awarded |
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to the social media company under an economic development agreement |
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as a penalty. |
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(d) The attorney general may bring an action in the name of |
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the state to recover a penalty under this section. |
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(e) A penalty collected under this section shall be |
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deposited in the state treasury to the credit of the compensation to |
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victims of crime fund established under Subchapter J, Chapter 56B, |
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Code of Criminal Procedure, except a penalty collected under |
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Subsection (c) shall be remitted to the governmental entity that |
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awarded the grant. |
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SECTION 2. The change in law made by this Act applies only |
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to an economic development agreement entered into or renewed on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |