88R9331 SHH-D
 
  By: Shaheen H.B. No. 3134
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring social media platform operators to identify
  and notify law enforcement of credible threats of violence
  published on their platforms; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 120, Business & Commerce Code, is
  amended by adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. EMERGENCY DISCLOSURE OF CREDIBLE THREATS OF
  VIOLENCE TO LAW ENFORCEMENT AGENCIES
         Sec. 120.071.  DEFINITION. In this subchapter, "credible
  threat of violence" means a threat against a person, including a
  group of people or organization, or location that causes a
  reasonable person to fear death or bodily injury.
         Sec. 120.072.  IDENTIFYING CREDIBLE THREATS OF VIOLENCE;
  DUTY TO NOTIFY LAW ENFORCEMENT.  (a)  A social media platform shall
  develop, operate, and maintain systems and procedures to identify
  or receive reports and notifications relating to a credible threat
  of violence that a user would be able to post, upload, transmit,
  share, or otherwise publish on the social media platform.
         (b)  A social media platform that identifies in good faith or
  is notified about a credible threat of violence under Subsection
  (a) shall:
               (1)  notify the appropriate law enforcement authority;
               (2)  archive, record, or otherwise preserve the
  relevant content;
               (3)  remove the offending content from being publicly
  accessible; and
               (4)  take any appropriate action against the user
  account in accordance with the social media platform's published
  acceptable use policy.
         SECTION 2.  Subchapter D, Chapter 120, Business & Commerce
  Code, is amended by adding Section 120.152 to read as follows:
         Sec. 120.152.  CRIMINAL PENALTY FOR FAILING TO NOTIFY LAW
  ENFORCEMENT OF CERTAIN CREDIBLE THREATS. (a)  A social media
  platform operator commits an offense if the social media platform
  operator violates Section 120.072.
         (b)  An offense under this section is a Class A misdemeanor
  except that the offense is a state jail felony if the conduct is
  committed intentionally or knowingly.
         SECTION 3.  This Act takes effect September 1, 2023.