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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting social media platforms from using certain |
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social media algorithms to target minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 120.001, Business & Commerce Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a), |
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(1-b), and (3) to read as follows: |
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(1) "Minor" means a person younger than 18 years of |
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age. |
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(1-a) "Social media algorithm" means the software used |
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by social media platforms to: |
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(A) prioritize content; and |
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(B) direct the prioritized content to a user. |
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(1-b) "Social media platform" means an Internet |
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website or application that is open to the public, allows a user to |
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create an account, and enables users to communicate with other |
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users for the primary purpose of posting information, comments, |
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messages, or images. The term does not include: |
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(A) an Internet service provider as defined by |
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Section 324.055; |
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(B) electronic mail; or |
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(C) an online service, application, or website: |
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(i) that consists primarily of news, |
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sports, entertainment, or other information or content that is not |
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user generated but is preselected by the provider; and |
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(ii) for which any chat, comments, or |
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interactive functionality is incidental to, directly related to, or |
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dependent on the provision of the content described by Subparagraph |
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(i). |
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(3) "User-generated content" means content created or |
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shared by a user, including written posts, photographs, graphics, |
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video recordings, or audio recordings. |
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SECTION 2. Subchapter D, Chapter 120, Business & Commerce |
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Code, is amended by adding Section 120.152 to read as follows: |
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Sec. 120.152. CERTAIN ALGORITHMS TARGETING MINORS |
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PROHIBITED; LIABILITY. (a) A social media platform operator is |
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liable to a user who receives user-generated content through a |
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social media algorithm while the user is a minor if the operator |
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knew or had reason to know that the user was a minor. |
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(b) A social media platform operator who violates this |
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section is liable to the user for: |
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(1) actual damages arising from the violation; and |
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(2) $1,000 for each violation of this section. |
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SECTION 3. This Act takes effect September 1, 2023. |