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A BILL TO BE ENTITLED
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AN ACT
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relating to venue and choice of law for certain actions involving |
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censorship by social media platforms and to statutory damages in |
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actions brought by social media users against social media |
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platforms for prohibited censorship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 143A, Civil Practice and Remedies Code, |
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is amended by adding Section 143A.0035 to read as follows: |
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Sec. 143A.0035. VENUE AND CHOICE OF LAW. Notwithstanding |
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any other law, any contract, or any venue, forum selection, or |
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choice-of-law provision in a contract, an action brought under this |
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chapter against a social media platform shall be brought and |
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maintained in a court in this state, and the law of this state |
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applies to the action. |
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SECTION 2. Section 143A.007, Civil Practice and Remedies |
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Code, is amended by amending Subsection (b) and adding Subsection |
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(f) to read as follows: |
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(b) If the user proves that the social media platform |
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violated this chapter with respect to the user, the user is entitled |
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to recover: |
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(1) declaratory relief under Chapter 37, including |
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costs and reasonable and necessary attorney's fees under Section |
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37.009; [and] |
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(2) injunctive relief; and |
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(3) statutory damages in an amount that is not less |
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than $750 and not more than $30,000 for each violation. |
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(f) Sections 41.003 and 41.004 do not apply to an action |
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brought under this section. |
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SECTION 3. Section 143A.0035, Civil Practice and Remedies |
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Code, as added by this Act, applies to an action filed before, on, |
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or after the effective date of this Act. |
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SECTION 4. Section 143A.007, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrued before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |