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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of online global marketplaces. |
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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 121 to read as follows: |
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CHAPTER 121. ONLINE GLOBAL MARKETPLACES |
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Sec. 121.001. DEFINITION. In this chapter, "online global |
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marketplace" means a person that: |
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(1) provides for consideration, including |
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consideration deducted as a fee from the transaction, an online |
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application, software, an Internet website, a system, or another |
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medium through which a good or service in this state is advertised |
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or offered to the public as available; and |
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(2) is not regulated by this state; and |
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(3) directly or indirectly provides or maintains an |
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Internet platform for goods or services by: |
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(A) providing a payment system that facilitates a |
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transaction between two platform users; |
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(B) transmitting or otherwise communicating the |
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offer or acceptance of a transaction between two platform users; |
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(C) owning or operating the electronic or |
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physical infrastructure or technology that brings two or more |
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platform users together; |
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(D) providing a virtual currency, as defined by |
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Section 12.001, that platform users are allowed or required to use |
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to transact; or |
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(E) providing software development or research |
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and development activities related to any of the activities |
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described by this subdivision. |
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SECTION 2. Chapter 250, Local Government Code, is amended |
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by adding Section 250.014 to read as follows: |
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Sec. 250.014. REGULATION OF ONLINE GLOBAL MARKETPLACE |
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PROHIBITED. (a) In this section, "online global marketplace" has |
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the meaning assigned by Section 121.001, Business & Commerce Code. |
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(b) A county or municipality may not: |
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(1) regulate the operation of an online global |
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marketplace; or |
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(2) require an online global marketplace to provide |
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personally identifiable information of its Internet platform users |
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without an administrative subpoena or court order. |
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SECTION 3. This Act takes effect September 1, 2023. |