State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-10-use-of-telecommunications > 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.
State Codes and Statutes
Statutes > Texas > Business-and-commerce-code > Title-10-use-of-telecommunications > 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.
State Codes and Statutes
Statutes >
Texas >
Business-and-commerce-code >
Title-10-use-of-telecommunications >
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.
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