Bill Text: TX HB2266 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requiring certain retailers to ensure that certain products sold or leased by the retailers contain a digital blocking capability that renders obscene material inaccessible; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-03-15 - Referred to Business & Industry [HB2266 Detail]
Download: Texas-2017-HB2266-Introduced.html
85R3655 EES-D | ||
By: White | H.B. No. 2266 |
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relating to requiring certain retailers to ensure that certain | ||
products sold or leased by the retailers contain a digital blocking | ||
capability that renders obscene material inaccessible; creating a | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 113 to read as follows: | ||
CHAPTER 113. RETAILERS REQUIRED TO ENSURE CERTAIN PRODUCTS CONTAIN | ||
DIGITAL BLOCKING CAPABILITY | ||
Sec. 113.001. DEFINITIONS. In this chapter: | ||
(1) "Consumer" means an individual who purchases or | ||
leases for personal, family, or household purposes a product that | ||
makes content accessible on the Internet. | ||
(2) "Obscene" has the meaning assigned by Section | ||
43.21, Penal Code. | ||
(3) "Retailer" means a person who is engaged in the | ||
business of selling or leasing directly to a consumer a product that | ||
makes content accessible on the Internet. | ||
Sec. 113.002. DIGITAL BLOCKING CAPABILITY. (a) Except as | ||
provided by Subsection (d), a retailer may not sell or lease to a | ||
consumer a product that makes content accessible on the Internet | ||
unless the product contains an active and operating digital | ||
blocking capability that renders obscene material inaccessible. | ||
(b) The digital blocking capability: | ||
(1) must block access to child pornography, revenge | ||
pornography, and websites known to facilitate prostitution and | ||
human trafficking; | ||
(2) may not block access to social media websites that | ||
provide a means for the websites' users to report obscene material | ||
and have in place procedures for evaluating those reports and | ||
removing obscene material; and | ||
(3) must be distributed by an entity that: | ||
(A) regularly makes available to consumers | ||
updates to the digital blocking capability's filters to ensure the | ||
filters' effectiveness in blocking access to obscene material; | ||
(B) maintains a website or telephone line that | ||
consumers can use to report: | ||
(i) obscene material that is not blocked by | ||
the digital blocking capability's filters; and | ||
(ii) material that is not obscene that is | ||
blocked by the digital blocking capability's filters; and | ||
(C) has in place procedures for evaluating | ||
reports made under Paragraph (B) and, if necessary, updating the | ||
digital blocking capability's filters in a reasonable amount of | ||
time. | ||
(c) Except as provided by Subsection (d), a retailer may not | ||
provide to a consumer methods, source code, or other operating | ||
instructions for deactivating a product's digital blocking | ||
capability. | ||
(d) A retailer may deactivate a product's digital blocking | ||
capability if the consumer who purchased or leased the product: | ||
(1) requests in writing that the digital blocking | ||
capability be deactivated; | ||
(2) presents identification verifying that the | ||
consumer is at least 18 years of age; | ||
(3) acknowledges a written warning regarding the | ||
potential danger of deactivating the digital blocking capability; | ||
and | ||
(4) pays a one-time fee of $20. | ||
Sec. 113.003. REMISSION AND USE OF FEE. (a) Each quarter, | ||
a retailer shall remit the fee collected under Section | ||
113.002(d)(4) to the comptroller in the manner prescribed by the | ||
comptroller. | ||
(b) The comptroller shall deposit the fee to the credit of | ||
the sexual assault program fund established by Section 420.008, | ||
Government Code. Money deposited to that fund may be used only by: | ||
(1) the attorney general for grants: | ||
(A) to faith-based groups, independent school | ||
districts, and community action organizations for programs for | ||
victims of human trafficking; and | ||
(B) to prevent sex trafficking and to provide | ||
services for victims of sex trafficking; | ||
(2) the Department of State Health Services for grants | ||
to support programs assisting victims of human trafficking; | ||
(3) the office of the governor for grants to support | ||
human trafficking prosecution projects; and | ||
(4) any state agency or organization for the purpose | ||
of conducting human trafficking enforcement programs. | ||
Sec. 113.004. INJUNCTION. (a) If it appears that a | ||
retailer is in violation of this chapter, the attorney general, a | ||
district attorney, or a county attorney may institute an action of | ||
injunctive relief to restrain the retailer from continuing the | ||
violation. | ||
(b) The attorney general, a district attorney, or a county | ||
attorney may recover reasonable expenses incurred in obtaining | ||
injunctive relief under this section, including reasonable | ||
attorney's fees. | ||
Sec. 113.005. CIVIL ACTION. A consumer injured by a | ||
violation of this chapter may bring an action for recovery of | ||
damages. The damages awarded may not be less than the amount the | ||
consumer paid the retailer to purchase or lease the product with | ||
respect to which the violation occurred, plus reasonable attorney's | ||
fees. | ||
Sec. 113.006. CRIMINAL OFFENSE. (a) A retailer commits an | ||
offense if the retailer violates this chapter. | ||
(b) An offense under this section is: | ||
(1) a Class A misdemeanor if the consumer is younger | ||
than 18 years of age; and | ||
(2) a Class C misdemeanor if the consumer is at least | ||
18 years of age. | ||
(c) With the consent of the appropriate local district or | ||
county attorney, the attorney general has concurrent jurisdiction | ||
with that consenting local prosecutor to prosecute an offense under | ||
this section. | ||
SECTION 2. This Act takes effect September 1, 2017. |