Tex. Code of Crim. Proc. Article 62.0061
Request for Online Identifiers by Social Networking Sites


(a)

On request by a commercial social networking site, the department may provide to the commercial social networking site:

(1)

all public information that is contained in the database maintained under Article 62.005 (Central Database; Public Information); and

(2)

notwithstanding Article 62.005 (Central Database; Public Information)(b)(2), any online identifier established or used by a person who uses the site, is seeking to use the site, or is precluded from using the site.

(b)

The department by rule shall establish a procedure through which a commercial social networking site may request information under Subsection (a), including rules regarding the eligibility of commercial social networking sites to request information under Subsection (a). The department shall consult with the attorney general, other appropriate state agencies, and other appropriate entities in adopting rules under this subsection.

(c)

A commercial social networking site or the site’s agent:

(1)

may use information received under Subsection (a) only to:

(A)

prescreen persons seeking to use the site; or

(B)

preclude persons registered under this chapter from using the site; and

(2)

may not use any information received under Subsection (a) that the networking site obtained solely under Subsection (a) in any manner not described by Subdivision (1).

(d)

A commercial social networking site that uses information received under Subsection (a) in any manner not described by Subsection (c)(1) or that violates a rule adopted by the department under Subsection (b) is subject to a civil penalty of $1,000 for each misuse of information or rule violation. A commercial social networking site that is assessed a civil penalty under this article shall pay, in addition to the civil penalty, all court costs, investigative costs, and attorney’s fees associated with the assessment of the penalty. A civil penalty assessed under this subsection shall be deposited to the compensation to victims of crime fund established under Subchapter J (Definition), Chapter 56B (Crime Victims’ Compensation).

(e)

This article does not create a private cause of action against a commercial social networking site, including a cause of action that is based on the site:

(1)

identifying, removing, disabling, blocking, or otherwise affecting the user of a commercial social networking site, based on a good faith belief that the person is required to register as a sex offender under this chapter or federal law; or

(2)

failing to identify, remove, disable, block, or otherwise affect the user of a commercial social networking site who is required to register as a sex offender under this chapter or federal law.

(f)

In this article, “commercial social networking site”:

(1)

means an Internet website that:

(A)

allows users, through the creation of Internet web pages or profiles or other similar means, to provide personal information to the public or other users of the Internet website;

(B)

offers a mechanism for communication with other users of the Internet website; and

(C)

has the primary purpose of facilitating online social interactions; and

(2)

does not include an Internet service provider, unless the Internet service provider separately operates and directly derives revenue from an Internet website described by Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch. 755 (S.B. 689), Sec. 4, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.21, eff. January 1, 2021.

Source: Article 62.0061 — Request for Online Identifiers by Social Networking Sites, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­62.­htm#62.­0061 (accessed Jun. 5, 2024).

62.001
Definitions
62.002
Applicability of Chapter
62.003
Determination Regarding Substantially Similar Elements of Offense
62.004
Determination Regarding Primary Registration Authority
62.005
Central Database
62.006
Information Provided to Peace Officer on Request
62.007
Risk Assessment Review Committee
62.008
General Immunity
62.009
Immunity for Release of Public Information
62.010
Rulemaking Authority
62.0045
Centralized Registration Authority
62.051
Registration: General
62.052
Registration: Extrajurisdictional Registrants
62.053
Prerelease Notification
62.054
Circumstances Requiring Notice to Superintendent or School Administrator
62.055
Change of Address
62.056
Additional Public Notice for Certain Offenders
62.057
Status Report by Supervising Officer or Local Law Enforcement Authority
62.058
Law Enforcement Verification of Registration Information
62.059
Registration of Persons Regularly Visiting Location
62.060
Requirements Relating to Driver’s License or Personal Identification Certificate
62.0061
Request for Online Identifiers by Social Networking Sites
62.061
Dna Specimen
62.062
Limitation on Newspaper Publication
62.063
Prohibited Employment
62.064
Prohibited Location of Residence
62.065
Entry onto School Premises
62.101
Expiration of Duty to Register
62.102
Failure to Comply with Registration Requirements
62.151
Definitions
62.152
Registration of Certain Workers or Students
62.153
Registration of Workers or Students at Institutions of Higher Education
62.201
Additional Public Notice for Individuals Subject to Civil Commitment
62.202
Verification of Individuals Subject to Commitment
62.203
Failure to Comply: Individuals Subject to Commitment
62.251
Removing Registration Information When Duty to Register Expires
62.301
Exemption from Registration for Certain Young Adult Sex Offenders
62.351
Motion and Hearing Generally
62.352
Order Generally
62.353
Motion, Hearing, and Order Concerning Person Already Registered
62.354
Motion, Hearing, and Order Concerning Person Required to Register Because of Out-of-state Adjudication
62.355
Waiver of Hearing
62.356
Effect of Certain Orders
62.357
Appeal of Certain Orders
62.401
Definition
62.402
Determination of Minimum Required Registration Period
62.403
Individual Risk Assessment
62.404
Motion for Early Termination
62.405
Hearing on Petition
62.406
Costs of Individual Risk Assessment and of Court
62.407
Effect of Order Granting Early Termination
62.408
Nonapplicability
62.0551
Change in Online Identifiers
62.2021
Requirements Relating to Driver’s License or Personal Identification Certificate: Individuals Residing at Civil Commitment Center

Accessed:
Jun. 5, 2024

Art. 62.0061’s source at texas​.gov