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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring social media platform operators to identify |
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and notify law enforcement of credible threats of violence |
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published on their platforms; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 120, Business & Commerce Code, is |
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amended by adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. EMERGENCY DISCLOSURE OF CREDIBLE THREATS OF |
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VIOLENCE TO LAW ENFORCEMENT AGENCIES |
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Sec. 120.071. DEFINITION. In this subchapter, "credible |
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threat of violence" means a threat against a person, including a |
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group of people or organization, or location that causes a |
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reasonable person to fear death or bodily injury. |
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Sec. 120.072. IDENTIFYING CREDIBLE THREATS OF VIOLENCE; |
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DUTY TO NOTIFY LAW ENFORCEMENT. (a) A social media platform shall |
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develop, operate, and maintain systems and procedures to identify |
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or receive reports and notifications relating to a credible threat |
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of violence that a user would be able to post, upload, transmit, |
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share, or otherwise publish on the social media platform. |
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(b) A social media platform that identifies in good faith or |
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is notified about a credible threat of violence under Subsection |
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(a) shall: |
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(1) notify the appropriate law enforcement authority; |
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(2) archive, record, or otherwise preserve the |
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relevant content; |
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(3) remove the offending content from being publicly |
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accessible; and |
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(4) take any appropriate action against the user |
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account in accordance with the social media platform's published |
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acceptable use policy. |
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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. CRIMINAL PENALTY FOR FAILING TO NOTIFY LAW |
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ENFORCEMENT OF CERTAIN CREDIBLE THREATS. (a) A social media |
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platform operator commits an offense if the social media platform |
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operator violates Section 120.072. |
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(b) An offense under this section is a Class A misdemeanor |
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except that the offense is a state jail felony if the conduct is |
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committed intentionally or knowingly. |
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SECTION 3. This Act takes effect September 1, 2023. |