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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of social media companies regarding |
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prostitution and trafficking of persons; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2005 to read as follows: |
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CHAPTER 2005. DUTIES OF SOCIAL MEDIA COMPANY REGARDING |
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PROSTITUTION AND TRAFFICKING OF PERSONS |
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Sec. 2005.001. DEFINITIONS. In this chapter: |
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(1) "Social media company" means a business entity |
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that provides or operates a social media website. |
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(2) "Social media website" means an interactive |
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Internet website or application that enables multiple users to |
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communicate with other users by posting, creating, sharing, or |
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viewing content, including instant messages, blogs, information, |
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comments, videos, and images. The term includes Facebook, |
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Instagram, and Twitter. |
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Sec. 2005.002. PROSTITUTION AND TRAFFICKING OF PERSONS ON |
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SOCIAL MEDIA WEBSITES. (a) A social media company may not allow a |
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person to use the company's social media website for engaging in |
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conduct that constitutes an offense under Chapter 20A, Penal Code, |
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or Subchapter A, Chapter 43, Penal Code. |
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(b) A social media company that discovers a person is using |
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the company's social media website to engage in conduct described |
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by Subsection (a) shall: |
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(1) preserve the offending content; |
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(2) notify the appropriate law enforcement authority; |
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(3) remove the offending content from being publicly |
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accessible; and |
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(4) either: |
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(A) suspend the account to which the content was |
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posted; or |
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(B) issue a warning to the account holder that |
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posted the content. |
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(c) A social media company commits an offense if the company |
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violates this section. An offense under this subsection is a Class |
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A misdemeanor except that the offense is a state jail felony if the |
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conduct is committed intentionally or knowingly. |
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SECTION 2. This Act takes effect September 1, 2023. |