Bill Text: TX SB2137 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the cooperation between social media companies and law enforcement; imposing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to State Affairs [SB2137 Detail]
Download: Texas-2021-SB2137-Introduced.html
By: Blanco | S.B. No. 2137 |
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relating to the cooperation between social media companies and law | ||
enforcement; imposing a civil penalty. | ||
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 117 to read as follows: | ||
CHAPTER 117. SOCIAL MEDIA COMPANIES | ||
Sec. 117.0001. DEFINITIONS. In this chapter: | ||
(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 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 dedicated social media Internet website or other | ||
application that enables users to communicate with other users by | ||
posting content, including information, comments, messages, and | ||
images. | ||
Sec. 117.0002. REQUIREMENTS FOR SOCIAL MEDIA COMPANIES. | ||
(a) A social media company, as a condition of being eligible for | ||
economic development incentives authorized by state law, shall: | ||
(1) timely comply with a law enforcement agency's | ||
requests relating to imminent threats to public and personal | ||
safety; | ||
(2) timely report credible threats to a law | ||
enforcement agency; and | ||
(3) collaborate with law enforcement to identify and | ||
prevent violence, including by: | ||
(A) designating one or more employees to work | ||
with law enforcement; and | ||
(B) providing law enforcement 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. 117.0003. 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 to submit a request for | ||
information from a social media company. | ||
Sec. 117.0004. CIVIL PENALTIES. (a) Except as provided by | ||
Subsection (b) or (c), a social media company that violates this | ||
chapter 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 this chapter. | ||
(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 | ||
the 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 a penalty collected under | ||
Subsection (c) shall be remitted to the governmental entity that | ||
awarded the grant. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2021. |