89R16098 SCR-D     By: Johnson S.B. No. 2638       A BILL TO BE ENTITLED   AN ACT   relating to the misleading use of bot accounts; authorizing a civil   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 99, Business & Commerce Code, is amended by   adding Chapter 2005 to read as follows:   CHAPTER 2005.  MISLEADING USE OF BOT ACCOUNTS          Sec. 2005.001.  DEFINITIONS. In this chapter:                (1)  "Bot account" means an account on an online   service, controlled by an automated software program, that is   designed to impersonate or replicate human activity online by   posting content or messaging users on the online service.                (2)  "Online service" means any publicly accessible   Internet website, online application, mobile application, or   virtual reality environment, including a social media service,   social media network, online marketplace, or online application   store, that provides a community forum for user-generated content,   including the sharing of videos, images, games, audio files, text,   or other material.          Sec. 2005.002.  MISLEADING USE OF BOT ACCOUNTS PROHIBITED.   (a)  A person may not induce another person to enter into a   commercial transaction through the use of a bot account in a manner   likely to mislead a reasonable person as to the identity of the   account user.          (b)  A person is not liable under this section if the person   clearly and conspicuously discloses the account the person is using   is a bot account.          Sec. 2005.003.  DECEPTIVE TRADE PRACTICE. A violation of   this chapter is a false, misleading, or deceptive act or practice in   addition to the acts and practices described by Subchapter E,   Chapter 17, and is actionable under that subchapter.          SECTION 2.  Chapter 255, Election Code, is amended by adding   Section 255.009 to read as follows:          Sec. 255.009.  MISLEADING USE OF BOT ACCOUNTS. (a)  In this   section, "bot account" has the meaning assigned by Section   2005.001, Business & Commerce Code.          (b)  A person may not use a bot account to influence the   result of an election in a manner likely to mislead a reasonable   person as to the identity of the account user.          (c)  A person is not liable under this section if the person   clearly and conspicuously discloses the account the person is using   is a bot account.          (d)  The commission may investigate a complaint alleging a   violation of this section.          (e)  A person who violates this section is liable for a civil   penalty in an amount determined by the commission not to exceed:                (1)  $4,000 for the first violation; and                (2)  $8,000 for the second or a subsequent violation.          (f)  The attorney general may bring an action to recover the   civil penalty described by Subsection (e).          SECTION 3.  The changes in law made by this Act apply only to   conduct that occurs on or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.