By:AAHughes, et al.

S.B.ANo.A2373

A BILL TO BE ENTITLED
AN ACT

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relating

to

certain

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computer services.

deceptive

trade

practices

by

interactive

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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SECTIONA1.AAThis

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Act

may

be

cited

as

the

Social

Media

Deceptive Trade Practices Act.
SECTIONA2.AAChapter 17, Business & Commerce Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M.

DISCOURSE ON INTERACTIVE WEB-BASED PLATFORMS

Sec.A17.961.AADEFINITIONS.
(1)AA"Interactive

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service,

In this subchapter:

computer

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provides or enables computer access by multiple users to a server,

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including

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portal that provides a social media platform for users to engage in

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expressive activity.

system,

(2)AA"User"

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access

website,

means

any

software

web

person

provider

any

information

service,

or

means

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a

system,

service"

application,

that

posts,

that

or

web

uploads,

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transmits, or otherwise publishes content through any interactive

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computer service, including a social media platform.

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Sec.A17.962.AAINAPPLICABILITY

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subchapter

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defined by Section 324.055.

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does

not

apply

to

Sec.A17.963.AAUNLAWFUL

an

ACTS.

OF

Internet

SUBCHAPTER.
service

(a)AAExcept

as

This

provider

as

provided

by

Subsection (b), an interactive computer service that represents the

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 S.B.ANo.A2373
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service as viewpoint neutral, impartial, or non-biased may not on

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the basis of the content or viewpoint expressed:

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(1)AAblock a user ’s speech;

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(2)AAcensor a user ’s speech;

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(3)AAban a user;

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(4)AAremove a user ’s speech;

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(5)AAshadow ban a user;

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(6)AAde-platform a user;

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(7)AAde-boost a user ’s speech;

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(8)AAde-monetize a user; or

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(9)AAotherwise restrict speech of a user.
(b)AAPursuant to 47 U.S.C. Section 230(c), it is a defense to

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liability under this section that an interactive computer service:

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(1)AAvoluntarily and in good faith acted to restrict

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access to or availability of content that the interactive computer

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service

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filthy,

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objectionable,

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protected; or

reasonably

excessively
whether

to

be

violent,
or

not

obscene,

lewd,

lascivious,

or

otherwise

harassing,

such

content

is

constitutionally

(2)AAacted to enable or make available the technical

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considers

means to restrict access to content described in Subdivision (1).

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Sec.A17.964.AADECEPTIVE TRADE PRACTICE.

A violation of this

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subchapter is a false, misleading, or deceptive act or practice

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within the meaning of Section 17.46 and is subject to an enforcement

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action

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penalties and remedies contained in Section 17.47.

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by

the

attorney

general

under

Subchapter

E

and

SECTIONA3.AAThis Act takes effect September 1, 2019.

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to

the