Bill Text: TX SB2119 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to state contracts with certain companies that censor their users' speech.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to State Affairs [SB2119 Detail]
Download: Texas-2021-SB2119-Introduced.html
87R8062 CJC-D | ||
By: Hughes | S.B. No. 2119 |
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relating to state contracts with certain companies that censor | ||
their users' speech. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 10, Government Code, is | ||
amended by adding Chapter 2275 to read as follows: | ||
CHAPTER 2275. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES THAT | ||
CENSOR SPEECH | ||
Sec. 2275.0001. DEFINITIONS. In this chapter: | ||
(1) "Interactive computer services company" 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 at least 10,000 | ||
users to engage in expressive activity. The term does not include | ||
an Internet service provider as defined by Section 324.055, | ||
Business & Commerce Code. | ||
(2) "State agency" has the meaning assigned by Section | ||
2251.001. | ||
(3) "User" means a person that posts, uploads, | ||
transmits, or otherwise publishes content using an interactive | ||
computer services company. | ||
Sec. 2275.0002. PROVISION REQUIRED IN CONTRACT. (a) A | ||
state agency may not enter into a contract with an interactive | ||
computer services company unless the contract contains a written | ||
verification from the company that, during the term of the | ||
contract, the company will not block, censor, remove, or otherwise | ||
restrict a user's speech. | ||
(b) An interactive computer services company may not be | ||
considered to have violated Subsection (a) based solely on the | ||
adoption by the company of a policy to: | ||
(1) restrict access to or availability of content that | ||
the interactive computer services company or user of the | ||
interactive computer services company reasonably considers to be | ||
obscene, lewd, lascivious, filthy, excessively violent, harassing, | ||
or otherwise objectionable, regardless of whether that content is | ||
constitutionally protected; or | ||
(2) enable or make available the technical means to | ||
restrict access to content described by Subdivision (1). | ||
Sec. 2275.0003. ASSISTANCE FROM ATTORNEY GENERAL. On the | ||
request of a state agency, the attorney general shall assist the | ||
agency in determining whether an interactive computer services | ||
company has engaged in conduct that violates Section 2275.0002(a). | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a contract entered into on or after the effective date of this Act. | ||
A contract entered into before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |