Texas Code of Criminal Procedure

Art. Art. 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

Last accessed
Jun. 7, 2021