Bill Text: TX SB1461 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to regulation of online global marketplaces.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Business & Commerce [SB1461 Detail]
Download: Texas-2023-SB1461-Introduced.html
| By: Springer | S.B. No. 1461 | |
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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. | ||
