Bill Text: TX HB4643 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to regulation of online global marketplaces.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [HB4643 Detail]
Download: Texas-2023-HB4643-Introduced.html
By: Longoria | H.B. No. 4643 |
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relating to regulation of online global marketplaces. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 121 to read as follows: | ||
CHAPTER 121. ONLINE GLOBAL MARKETPLACES | ||
Sec. 121.001. DEFINITION. In this chapter, "online global | ||
marketplace" means a person that: | ||
(1) provides for consideration, including | ||
consideration deducted as a fee from the transaction, an online | ||
application, software, an Internet website, a system, or another | ||
medium through which a good or service in this state is advertised | ||
or offered to the public as available; and | ||
(2) is not regulated by this state; and | ||
(3) directly or indirectly provides or maintains an | ||
Internet platform for goods or services by: | ||
(A) providing a payment system that facilitates a | ||
transaction between two platform users; | ||
(B) transmitting or otherwise communicating the | ||
offer or acceptance of a transaction between two platform users; | ||
(C) owning or operating the electronic or | ||
physical infrastructure or technology that brings two or more | ||
platform users together; | ||
(D) providing a virtual currency, as defined by | ||
Section 12.001, that platform users are allowed or required to use | ||
to transact; or | ||
(E) providing software development or research | ||
and development activities related to any of the activities | ||
described by this subdivision. | ||
SECTION 2. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.014 to read as follows: | ||
Sec. 250.014. REGULATION OF ONLINE GLOBAL MARKETPLACE | ||
PROHIBITED. (a) In this section, "online global marketplace" has | ||
the meaning assigned by Section 121.001, Business & Commerce Code. | ||
(b) A county or municipality may not: | ||
(1) regulate the operation of an online global | ||
marketplace; or | ||
(2) require an online global marketplace to provide | ||
personally identifiable information of its Internet platform users | ||
without an administrative subpoena or court order. | ||
SECTION 3. This Act takes effect September 1, 2023. |