S.B. No. 1626 aims to address concerns regarding censorship and interference with digital expression, particularly on social media platforms and through electronic communications. The bill clarifies the application of H.B. 20, emphasizing the need for state remedies against social media censorship, which has been exacerbated by federal actions. It asserts that dominant social media platforms must provide a public forum for diverse viewpoints without discrimination, and it highlights the necessity of damages for violations of the existing law, given that compliance has been lacking.
The bill amends several sections of the Business & Commerce Code and the Civil Practice and Remedies Code. Notably, it redefines "social media platform" to include direct messaging and other electronically conveyed mail, while excluding certain online services primarily focused on non-user-generated content. It raises the threshold for what constitutes a social media platform from 50 million to 65 million active users in a month. Additionally, it introduces provisions for users to seek declaratory and injunctive relief, as well as actual or statutory damages for violations, with specific amounts outlined for different types of censorship. The act is set to take effect on September 1, 2025.
Statutes affected: Introduced: Commerce Code 120.001 (Commerce Code 120)
Senate Committee Report: Commerce Code 120.001 (Commerce Code 120)
Engrossed: Commerce Code 120.001 (Commerce Code 120)
House Committee Report: Commerce Code 120.001 (Commerce Code 120)