CHAPTER 323. PROVISION OF SOFTWARE OR SERVICES TO BLOCK OR SCREEN INTERNET MATERIAL

BUSINESS AND COMMERCE CODE

TITLE 10. USE OF TELECOMMUNICATIONS

SUBTITLE B. ELECTRONIC COMMUNICATIONS

CHAPTER 323. PROVISION OF SOFTWARE OR SERVICES TO BLOCK OR SCREEN

INTERNET MATERIAL

Sec. 323.001. DEFINITIONS. In this chapter:

(1) "Freeware" means software distributed to a person free of

charge, regardless of whether use of the software is subject to

certain restrictions.

(2) "Institution of higher education" has the meaning assigned

by Section 61.003, Education Code.

(3) "Interactive computer service" means any information service

or system that provides or enables computer access to the

Internet by multiple users.

(4) "Internet" means the largest nonproprietary nonprofit

cooperative public computer network, popularly known as the

Internet.

(5) "Shareware" means copyrighted software for which the

copyright owner sets certain conditions for the software's

distribution and use, including requiring payment to the

copyright owner after a person who has secured a copy of the

software decides to use the software, regardless of whether the

payment is for additional support or functionality of the

software.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 323.002. SOFTWARE OR SERVICES THAT RESTRICT ACCESS TO

CERTAIN INTERNET MATERIAL. (a) This section does not apply to:

(1) the Department of Information Resources, in the department's

capacity as the telecommunications provider for this state; or

(2) an institution of higher education that provides interactive

computer service.

(b) A person who charges a fee to provide an interactive

computer service shall provide free of charge to each subscriber

of the service in this state a link leading to fully functional

shareware, freeware, or a demonstration version of software or to

a service that, for at least one operating system, enables the

subscriber to automatically block or screen material on the

Internet.

(c) A person who charges a fee to provide an interactive

computer service is in compliance with this section if the person

places, on the person's first page of world wide web text

information accessible to a subscriber, a link leading to the

software or service described by Subsection (b). The identity of

the link or other on-screen depiction of the link must appear set

out from surrounding written or graphical material so as to be

conspicuous.

(d) A person who provides a link that complies with this section

is not liable to a subscriber for any temporary inoperability of

the link or for the effectiveness of the software or service to

which the person links.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 323.003. CIVIL PENALTY. (a) A person is liable to this

state for a civil penalty of $2,000 for each day the person

violates Section 323.002. The aggregate civil penalty may not

exceed $60,000.

(b) The attorney general may bring an action against a person

who violates Section 323.002 to recover the civil penalty.

Before bringing the action, the attorney general shall give the

person notice of the person's noncompliance and liability for a

civil penalty. If the person complies with Section 323.002 not

later than the 30th day after the date of the notice, the

violation is cured and the person is not liable for the civil

penalty.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.