Bill Text: TX SB12 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to complaint procedures and disclosure requirements for social media platforms and to the censorship of users' expressions by an interactive computer service.
Spectrum: Partisan Bill (Republican 31-0)
Status: (Engrossed - Dead) 2021-05-25 - Postponed 5/25/21 11:30 PM [SB12 Detail]
Download: Texas-2021-SB12-Introduced.html
Bill Title: Relating to complaint procedures and disclosure requirements for social media platforms and to the censorship of users' expressions by an interactive computer service.
Spectrum: Partisan Bill (Republican 31-0)
Status: (Engrossed - Dead) 2021-05-25 - Postponed 5/25/21 11:30 PM [SB12 Detail]
Download: Texas-2021-SB12-Introduced.html
| By: Hughes, et al. | S.B. No. 12 | |
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| relating to the censorship of users' expressions by an interactive | ||
| computer service. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The legislature finds that social media | ||
| platforms are akin to common carriers, are affected with a public | ||
| interest, are central public forums for public debate, and have | ||
| enjoyed governmental support in the United States. | ||
| SECTION 2. Title 6, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 143A to read as follows: | ||
| CHAPTER 143A. DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS | ||
| Sec. 143A.001. DEFINITIONS. In this chapter: | ||
| (1) "Censor" means to block, ban, remove, deplatform, | ||
| demonetize, de-boost, restrict, deny equal access or visibility to, | ||
| or otherwise discriminate against expression. | ||
| (2) "Expression" means any word, music, sound, still | ||
| or moving image, number, or other perceivable communication. | ||
| (3) "Interactive computer service" means an | ||
| information service, system, or access software provider that | ||
| provides or enables computer access by multiple users to a server, | ||
| including a service, system, website, web application, or web | ||
| portal that provides a social media platform for users to engage in | ||
| expressive activity. The term does not include an Internet service | ||
| provider as defined by Section 324.055, Business & Commerce Code. | ||
| (4) " Receive," with respect to an expression, means | ||
| to read, hear, look at, access, or gain access to the expression. | ||
| (5) "Unlawful expression" means an expression that is | ||
| unlawful under the United States Constitution, federal law, the | ||
| Texas Constitution, or the laws of this state. | ||
| (6) "User" means a person who posts, uploads, | ||
| transmits, shares, or otherwise publishes or receives expression, | ||
| through an interactive computer service. | ||
| Sec. 143A.002. CENSORSHIP PROHIBITED. (a) An interactive | ||
| computer service may not censor a user, a user's expression, or a | ||
| user's ability to receive the expression of another person based | ||
| on: | ||
| (1) the viewpoint of the user or another person; | ||
| (2) the viewpoint represented in the user's expression | ||
| or another person's expression; or | ||
| (3) a user's geographic location in this state or any | ||
| part of this state. | ||
| (b) This section applies regardless of whether the | ||
| viewpoint is expressed on the interactive computer service or | ||
| elsewhere. | ||
| Sec. 143A.003. APPLICABILITY OF CHAPTER. (a) This chapter | ||
| applies only to a user who: | ||
| (1) resides in this state; | ||
| (2) does business in this state; or | ||
| (3) shares or receives expression in this state. | ||
| (b) This chapter applies only to expression that is shared | ||
| or received in this state. | ||
| (c) This chapter applies only to an interactive computer | ||
| service that functionally has more than 100 million active users in | ||
| a calendar month. | ||
| Sec. 143A.004. LIMITATION ON EFFECT OF CHAPTER. This | ||
| chapter does not subject an interactive computer service to damages | ||
| or other legal remedies to the extent the interactive computer | ||
| service is protected from those remedies under federal law. | ||
| Sec. 143A.005. CONSTRUCTION OF CHAPTER. This chapter does | ||
| not prohibit an interactive computer service from: | ||
| (1) censoring expression that the interactive | ||
| computer service is specifically authorized to censor by federal | ||
| law; or | ||
| (2) censoring unlawful expression. | ||
| Sec. 143A.006. REMEDY. (a) A user who successfully asserts | ||
| a claim against an interactive computer service for a violation of | ||
| this chapter against that user is entitled to recover: | ||
| (1) declaratory relief under Chapter 37, including | ||
| costs and reasonable and necessary attorney's fees under Section | ||
| 37.009; and | ||
| (2) injunctive relief. | ||
| (b) If an interactive computer service fails to promptly | ||
| comply with the court's order in an action brought under this | ||
| section, the court shall hold the interactive computer service in | ||
| contempt and shall use all lawful measures to secure immediate | ||
| compliance, including daily penalties sufficient to secure | ||
| immediate compliance. | ||
| Sec. 143A.007. ACTION BY ATTORNEY GENERAL. (a) The | ||
| attorney general may bring an action for declaratory relief to have | ||
| determined any question of construction or validity arising under | ||
| this chapter and to obtain a declaration of rights, status, or other | ||
| legal relations with respect to this chapter. The attorney general | ||
| may recover costs and reasonable and necessary attorney's fees | ||
| under Section 37.009 in connection with declaratory relief obtained | ||
| under this subsection. | ||
| (b) The attorney general may bring an action to enjoin a | ||
| violation of this chapter. If the injunction is granted, the | ||
| attorney general may recover costs and reasonable attorney's fees | ||
| incurred in bringing the action and reasonable investigative costs | ||
| incurred in relation to the action. | ||
| SECTION 3. (a) Because this Act has been enacted amid | ||
| uncertainty about the application of the United States Constitution | ||
| and relevant federal statutes, every provision, section, | ||
| subsection, sentence, or clause of this Act, and every application | ||
| of the provisions of this Act to any person, group of persons, or | ||
| circumstances are severable from each other. If any application of | ||
| any provision of this Act is found by a court to be unconstitutional | ||
| or invalid, on any ground for any reason whatsoever, the remaining | ||
| application of that provision to other persons and circumstances | ||
| shall be severed and may not be affected. The legislature further | ||
| declares that it would have passed this Act, each provision, | ||
| section, subsection, sentence, or clause of this Act, and all | ||
| constitutional applications of this Act regardless of the fact that | ||
| any provision, section, subsection, sentence, or clause of this Act | ||
| or applications of this Act were to be declared unconstitutional by | ||
| any court. | ||
| (b) If any provision of this Act is found by any court to be | ||
| unconstitutionally vague, the applications of that provision that | ||
| do not present constitutional vagueness problems shall be severed | ||
| and remain in force. | ||
| SECTION 4. Chapter 143A, Civil Practice and Remedies Code, | ||
| as added by this Act, applies only to an action taken on or after the | ||
| effective date of this Act. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
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