HB2965 —

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• CHAPTER 100D. LIABILITY FOR SOCIAL MEDIA CENSORSHIP Sec. 100D.001. DEFINITIONS. In this chapter: (1) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access to a computer server by multiple users, including a service or system that provides access to the Internet or a system operated or service offered by a library or educational institution. (2) "Information content provider" means a person who is responsible, wholly or partly, for the creation or development of information provided through the Internet or any other interactive computer service. (3) "Social media site" means an Internet website in which users share and generate content and locate and connect with users with common interests. Sec. 100D.002. APPLICABILITY. This chapter applies only to an interactive computer service provider that: (1) is immune from civil liability under federal law; (2) is not considered a publisher in accordance with Section 100D.006(b); (3) has over one million users; and (4) provides a social media site. Sec. 100D.003. LIABILITY FOR CENSORSHIP. Except as provided by Section 100D.006, an interactive computer service provider that restricts, censors, or suppresses information is liable to the information content provider and any person who may have received the information had the information not been restricted, censored, or suppressed for damages incurred by the restriction, censorship, or suppression. Sec. 100D.004. REMEDIES. (a) A claimant who prevails in an action under this chapter shall be awarded: (1) compensatory damages; (2) treble any compensatory damages; (3) court costs; and (4) reasonable attorney's fees. (b) In addition to an award under Subsection (a), a claimant who prevails in an action under this chapter may be awarded exemplary damages. Sec. 100D.005. AUTHORIZED VENUE. A claimant may bring an action under this chapter in a district court in a county in which the claimant resides. Sec. 100D.006. EXCEPTIONS. (a) An interactive computer service provider is not liable under Section 100D.003 if the provider: (1) voluntarily takes an action in good faith to restrict access to or availability of information that the provider or a user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable regardless of whether the information is constitutionally protected; or (2) takes an action to enable or make available to a person, including an information content provider, the technical means to restrict access to information described by Subdivision (1). (b) An interactive computer service provider may state in the terms of service that the provider is a publisher. If a claimant agrees to the terms of service, the claimant may not bring an action under this chapter. (c) An interactive computer service provider may limit content to subject matter expressly stated in the provider's terms of service and is not liable under Section 100D.003 for the limitation.

  amended

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