Bill Text: TX HB165 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 165 (Prior Session Legislation)

Introduced

Bill Title: Relating to civil liability for censorship by social media companies.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB165 Detail]

Download: Texas-2021-HB165-Introduced.html

	87S20711 SCL-D

	By: Shaheen	H.B. No. 165



	A BILL TO BE ENTITLED
	AN ACT
	relating to civil liability for censorship by social media
	companies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 4, Civil Practice and Remedies Code, is
	amended by adding Chapter 100D to read as follows:
	CHAPTER 100D. LIABILITY FOR SOCIAL MEDIA CENSORSHIP
	Sec. 100D.001. DEFINITIONS. In this chapter:
	(1) "Information content provider" means a person who
	is responsible, wholly or partly, for the creation or development
	of information provided through the Internet or any other
	interactive computer service.
	(2) "Interactive computer service" means any
	information service, system, or access software provider that
	provides or enables computer access to a computer server by
	multiple users, including a service or system that provides access
	to the Internet or a system operated or service offered by a library
	or educational institution.
	(3) "Social media site" means an Internet website in
	which users share and generate content and locate and connect with
	users with common interests.
	Sec. 100D.002. APPLICABILITY. This chapter applies only to
	an interactive computer service provider that:
	(1) is immune from civil liability under federal law;
	(2) is not considered a publisher in accordance with
	Section 100D.006(b);
	(3) has over one million users; and
	(4) provides a social media site.
	Sec. 100D.003. LIABILITY FOR CENSORSHIP. Except as
	provided by Section 100D.006, an interactive computer service
	provider that restricts, censors, or suppresses information is
	liable to the information content provider and any person who may
	have received the information had the information not been
	restricted, censored, or suppressed for damages incurred by the
	restriction, censorship, or suppression.
	Sec. 100D.004. REMEDIES. (a) A claimant who prevails in an
	action under this chapter shall be awarded:
	(1) compensatory damages;
	(2) treble any compensatory damages;
	(3) court costs; and
	(4) reasonable attorney's fees.
	(b) In addition to an award under Subsection (a), a claimant
	who prevails in an action under this chapter may be awarded
	exemplary damages.
	Sec. 100D.005. AUTHORIZED VENUE. A claimant may bring an
	action under this chapter in a district court in a county in which
	the claimant resides.
	Sec. 100D.006. EXCEPTIONS. (a) An interactive computer
	service provider is not liable under Section 100D.003 if the
	provider:
	(1) voluntarily takes an action in good faith to
	restrict access to or availability of information that the provider
	or a user considers to be obscene, lewd, lascivious, filthy,
	excessively violent, harassing, or otherwise objectionable
	regardless of whether the information is constitutionally
	protected; or
	(2) takes an action to enable or make available to a
	person, including an information content provider, the technical
	means to restrict access to information described by Subdivision
	(1).
	(b) An interactive computer service provider may state in
	the terms of service that the provider is a publisher. If a claimant
	agrees to the terms of service, the claimant may not bring an action
	under this chapter.
	(c) An interactive computer service provider may limit
	content to subject matter expressly stated in the provider's terms
	of service and is not liable under Section 100D.003 for the
	limitation.
	SECTION 2. Section 100D.003, Civil Practice and Remedies
	Code, as added by this Act, applies only to a cause of action that
	accrues on or after the effective date of this Act.
	SECTION 3. This Act takes effect on the 91st day after the
	last day of the legislative session.