The bill, H.B. No. 4087, aims to address issues of censorship and interference with digital expression, particularly on social media platforms and through electronic communications. It seeks to clarify the application of existing legislation (H.B. 20) regarding social media platforms as common carriers, emphasizing the need for a state remedy against federal censorship. The bill outlines the importance of ensuring that social media platforms remain accessible to individuals of all viewpoints without discrimination, and it highlights the necessity of damages for violations of the law, given that platforms have not complied with existing regulations.

Key amendments in the bill include a revised definition of "social media platform" to exclude electronic mail and certain online services that primarily provide non-user-generated content or services. Additionally, the bill introduces provisions that limit the liability of social media platforms under federal law and specifies that users can seek declaratory and injunctive relief, as well as actual or statutory damages for violations. The statutory damages are set at $100,000 for censorship of a user's expression and $1,000 for censorship of a user's ability to receive another person's expression. The bill is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Commerce Code 120.001 (Commerce Code 120)