Bill Text: TX SB2255 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to cooperation between social media companies and law enforcement agencies; imposing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [SB2255 Detail]
Download: Texas-2023-SB2255-Introduced.html
88R3301 SHH-F | ||
By: Blanco | S.B. No. 2255 |
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relating to cooperation between social media companies and law | ||
enforcement agencies; imposing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 120, Business & Commerce Code, is | ||
amended by adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. COOPERATION WITH LAW ENFORCEMENT | ||
Sec. 120.121. DEFINITIONS. In this subchapter: | ||
(1) "Economic development agreement" means an | ||
agreement entered into between the state or a political subdivision | ||
and a business entity to promote state or local economic | ||
development and stimulate commercial activity, including an | ||
agreement that provides financial incentives or other incentives to | ||
the business to expand the business's operations in this state. | ||
(2) "Law enforcement agency" means an agency of this | ||
state or an agency of a political subdivision of this state | ||
authorized by law to employ peace officers. | ||
(3) "Social media company" means a business entity | ||
operating a social media platform. | ||
Sec. 120.122. SOCIAL MEDIA COMPANY COOPERATION WITH LAW | ||
ENFORCEMENT AGENCIES. (a) A social media company, as a condition | ||
of being eligible for economic development incentives authorized by | ||
state law, shall: | ||
(1) promptly comply with a law enforcement agency's | ||
requests relating to imminent threats to public and personal | ||
safety; | ||
(2) promptly report credible threats to a law | ||
enforcement agency; and | ||
(3) collaborate with law enforcement agencies to | ||
identify and prevent violence, including by: | ||
(A) designating one or more employees of the | ||
company to work with law enforcement personnel; and | ||
(B) providing law enforcement agencies with | ||
appropriate contact information to submit requests relating to | ||
public safety. | ||
(b) A social media company may not disable law enforcement | ||
accounts on the company's social media Internet website being used | ||
in the course of an ongoing criminal investigation. A social media | ||
company must communicate and coordinate with a law enforcement | ||
agency before removing or deactivating a law enforcement account. | ||
(c) Notwithstanding any other law, a governmental entity | ||
may not enter into an economic development agreement with a social | ||
media company unless the social media company meets or agrees to | ||
meet the conditions described by Subsections (a) and (b). | ||
Sec. 120.123. CONTACT INFORMATION FOR SOCIAL MEDIA | ||
COMPANIES. The Department of Public Safety, in collaboration with | ||
the attorney general, shall develop and maintain an Internet | ||
website containing the contact information for social media | ||
companies to be used by law enforcement personnel to submit a | ||
request for information from a social media company. | ||
SECTION 2. Subchapter D, Chapter 120, Business & Commerce | ||
Code, is amended by adding Section 120.152 to read as follows: | ||
Sec. 120.152. CIVIL PENALTIES. (a) Except as provided by | ||
Subsection (b) or (c), a social media company that violates | ||
Subchapter C-1 is liable to this state for a civil penalty in an | ||
amount of not more than $1 million. | ||
(b) A court may award an amount of not more than $3 million | ||
if the court finds the social media company engaged in a pattern or | ||
practice of noncompliance with Subchapter C-1. | ||
(c) In lieu of awarding damages under Subsection (a) or (b), | ||
the court may order the forfeiture of any financial grants awarded | ||
to the social media company under an economic development agreement | ||
as a penalty. | ||
(d) The attorney general may bring an action in the name of | ||
this state to recover a penalty under this section. | ||
(e) A penalty collected under this section shall be | ||
deposited in the state treasury to the credit of the compensation to | ||
victims of crime fund established under Subchapter J, Chapter 56B, | ||
Code of Criminal Procedure, except that a penalty collected under | ||
Subsection (c) shall be remitted to the governmental entity that | ||
awarded the grant. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an economic development agreement entered into or renewed on or | ||
after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. |