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AN ACT
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relating to the electronic dissemination of commercial recordings |
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or audiovisual works. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 14, Business & Commerce Code, is amended by |
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adding Chapter 642 to read as follows: |
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CHAPTER 642. ELECTRONIC DISSEMINATION OF COMMERCIAL RECORDINGS OR |
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AUDIOVISUAL WORKS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 642.001. DEFINITIONS. In this chapter: |
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(1) "Electronic dissemination" means initiating a |
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transmission of, making available, or otherwise offering a |
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recording or audiovisual work for distribution, display, or |
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performance through the Internet or other digital network. |
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(2) "Recording or audiovisual work" means a recording |
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or audiovisual work that consists of substantially all of the |
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recording or work. The term does not include a recording or |
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audiovisual work that is a short extract from the recording or work. |
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(3) "Website" means a set of related web pages served |
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from a single web domain. The term does not include a home page or |
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channel page for the user account of a person who is not the owner or |
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operator of the website on which the user home page or channel page |
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appears. |
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Sec. 642.002. COMMERCIAL RECORDING OR AUDIOVISUAL WORK. |
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For purposes of this chapter, a recording or audiovisual work is |
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considered to be a commercial recording or audiovisual work if the |
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owner, assignee, authorized agent, or licensee of the recording or |
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work disseminates or intends to disseminate the recording or work |
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for sale, rental, or performance or exhibition to the public, |
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including under license, regardless of whether the person who |
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disseminates the recording or work seeks commercial advantage or |
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private financial gain from the dissemination. |
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Sec. 642.003. APPLICABILITY. This chapter does not apply |
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to a website operated by a radio or television station licensed by |
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the Federal Communications Commission. |
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Sec. 642.004. NO FINANCIAL LIABILITY FOR CERTAIN PROVIDERS. |
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This chapter does not impose financial liability on providers of an |
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interactive computer service, communications service, commercial |
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mobile service, or information service, including an Internet |
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access service provider, an advertising network or exchange, a |
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domain name registration provider, and a hosting service provider, |
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to the extent that the providers provide the transmission, storage, |
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or caching of electronic communications or messages of others or |
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provide another related telecommunications service, a commercial |
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mobile radio service, or an information service, for use by another |
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person that violates this chapter. |
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SUBCHAPTER B. REQUIRED DISCLOSURES |
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Sec. 642.051. DISCLOSURE OF CERTAIN INFORMATION REQUIRED. |
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(a) An owner or operator of a website or online service that deals |
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in substantial part in the electronic dissemination of third-party |
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commercial recordings or audiovisual works, directly or |
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indirectly, and that electronically disseminates those recordings |
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or works to consumers in this state shall clearly and conspicuously |
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disclose on the website or online service in a location that is |
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readily accessible to a consumer using or visiting the website or |
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online service, the owner or operator's true and correct: |
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(1) name; |
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(2) physical address; |
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(3) telephone number; and |
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(4) e-mail address. |
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(b) For purposes of this section, a location is considered |
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readily accessible on a website or online service if the location |
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is: |
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(1) a landing or home web page or screen; |
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(2) an "about" or "about us" web page or screen; |
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(3) a "contact" or "contact us" web page or screen; |
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(4) an informational web page or screen; or |
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(5) another place on the website or online service |
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commonly used to display information identifying the owner or |
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operator of the website or online service. |
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(c) Subsection (a) applies regardless of whether another |
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person has previously electronically disseminated the same |
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recording or audiovisual work. |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 642.101. DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF. |
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(a) An owner, assignee, authorized agent, or exclusive licensee of |
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a commercial recording or audiovisual work electronically |
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disseminated by a website or online service in violation of this |
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chapter may bring a private cause of action against a person who |
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violates or threatens to violate this chapter to obtain: |
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(1) a declaratory judgment; and |
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(2) permanent or temporary injunctive relief. |
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(b) Before filing an action under this section, the |
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aggrieved party must provide notice to the person alleged to be in |
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violation of this chapter that states: |
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(1) the person may be in violation of this chapter; and |
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(2) that failure to cure the violation before the 14th |
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day after the date of receiving the notice may result in an action |
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being filed against the person under this section. |
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(c) After the 14th day after the date the aggrieved party |
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provides notice under Subsection (b), the aggrieved party may bring |
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an action under this section in a court of competent jurisdiction. |
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(d) On motion of the party initiating the action, the court |
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may make appropriate orders to compel compliance with this chapter. |
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(e) The prevailing party is entitled to recover necessary |
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expenses incurred in an action under this section, including |
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reasonable attorney's fees. |
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Sec. 642.102. DECEPTIVE TRADE PRACTICE; REMEDIES. (a) A |
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violation of this chapter is a false, misleading, or deceptive act |
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or practice as defined by Section 17.46(b). |
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(b) The relief provided under this subchapter for a |
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violation of this chapter is in addition to any remedy provided |
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under other federal or state law, including Subchapter E, Chapter |
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17. |
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SECTION 2. This Act takes effect January 1, 2022. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 855 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2021, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 855 passed the House, with |
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amendment, on May 26, 2021, by the following vote: Yeas 128, |
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Nays 19, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |