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A BILL TO BE ENTITLED
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AN ACT
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relating to the misleading use of bot accounts; authorizing a civil |
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penalty. |
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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. MISLEADING USE OF BOT ACCOUNTS |
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Sec. 2005.001. DEFINITIONS. In this chapter: |
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(1) "Bot account" means an account on an online |
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service, controlled by an automated software program, that is |
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designed to impersonate or replicate human activity online by |
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posting content or messaging users on the online service. |
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(2) "Online service" means any publicly accessible |
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Internet website, online application, mobile application, or |
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virtual reality environment, including a social media service, |
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social media network, online marketplace, or online application |
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store, that provides a community forum for user-generated content, |
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including the sharing of videos, images, games, audio files, text, |
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or other material. |
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Sec. 2005.002. MISLEADING USE OF BOT ACCOUNTS PROHIBITED. |
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(a) A person may not induce another person to enter into a |
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commercial transaction through the use of a bot account in a manner |
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likely to mislead a reasonable person as to the identity of the |
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account user. |
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(b) A person is not liable under this section if the person |
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clearly and conspicuously discloses the account the person is using |
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is a bot account. |
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Sec. 2005.003. DECEPTIVE TRADE PRACTICE. A violation of |
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this chapter is a false, misleading, or deceptive act or practice in |
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addition to the acts and practices described by Subchapter E, |
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Chapter 17, and is actionable under that subchapter. |
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SECTION 2. Chapter 255, Election Code, is amended by adding |
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Section 255.009 to read as follows: |
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Sec. 255.009. MISLEADING USE OF BOT ACCOUNTS. (a) In this |
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section, "bot account" has the meaning assigned by Section |
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2005.001, Business & Commerce Code. |
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(b) A person may not use a bot account to influence the |
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result of an election in a manner likely to mislead a reasonable |
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person as to the identity of the account user. |
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(c) A person is not liable under this section if the person |
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clearly and conspicuously discloses the account the person is using |
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is a bot account. |
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(d) The commission may investigate a complaint alleging a |
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violation of this section. |
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(e) A person who violates this section is liable for a civil |
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penalty in an amount determined by the commission not to exceed: |
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(1) $4,000 for the first violation; and |
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(2) $8,000 for the second or a subsequent violation. |
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(f) The attorney general may bring an action to recover the |
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civil penalty described by Subsection (e). |
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SECTION 3. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |