By: Hunter H.B. No. 3836       A BILL TO BE ENTITLED   AN ACT   relating to the electronic dissemination of commercial recordings   or audiovisual works.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 14, Business & Commerce Code, is amended by   adding Chapter 642 to read as follows:   CHAPTER 642. ELECTRONIC DISSEMINATION OF COMMERCIAL RECORDINGS OR   AUDIOVISUAL WORKS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 642.001.  DEFINITIONS. In this chapter:                (1)  "Electronic dissemination" means initiating a   transmission of, making available, or otherwise offering a   recording or audiovisual work for distribution, display, or   performance through the Internet or other digital network.                (2)  "Recording or audiovisual work" means a recording   or audiovisual work that consists of substantially all of the   recording or work. The term does not include a recording or   audiovisual work that is only a short extract from the recording or   work.                (3)  "Website" means a set of related web pages served   from a single web domain. The term does not include a home page or   channel page for the user account of a person who is not the owner or   operator of the website on which the user home page or channel page   appears.          Sec. 642.002.  APPLICABILITY. This chapter does not impose   liability on providers of an interactive computer service,   communications service, commercial mobile service, or information   service, including, but not limited to, an Internet access service   provider, advertising network or exchange, domain name   registration provider, and a hosting service provider, if they   provide the transmission, storage, or caching of electronic   communications or messages of others or provide another related   telecommunications service, commercial mobile radio service, or   information service, for use of such services by another person in   violation of this section.          Sec. 642.003.  COMMERCIAL RECORDING OR AUDIOVISUAL WORK.   For purposes of this chapter, a recording or audiovisual work is   considered to be a commercial recording or audiovisual work if the   owner, assignee, authorized agent, or licensee of the recording or   work disseminates or intends to disseminate the recording or work   for sale, rental, or performance or exhibition to the public,   including under license, regardless of whether the person who   disseminates the recording or work seeks commercial advantage or   private financial gain from the dissemination.   SUBCHAPTER B. REQUIRED DISCLOSURES          Sec. 642.051.  DISCLOSURE OF CERTAIN INFORMATION REQUIRED.   (a) An owner or operator of a website or online service that deals   in substantial part in the electronic dissemination of third-party   commercial recordings or audiovisual works, directly or   indirectly, and that electronically disseminates those recordings   or works to consumers in this state shall clearly and conspicuously   disclose on the website or online service in a location that is   readily accessible to a consumer using or visiting the website or   online service, the owner or operator's true and correct:                (1)  name;                (2)  physical address;                (3)  telephone number; and                (4)  e-mail address.          (b)  For purposes of this section, a location is considered   readily accessible on an online service website if the location is:                (1)  a landing or home web page or screen;                (2)  an "about" or "about us" web page or screen;                (3)  a "contact" or "contact us" web page or screen;                (4)  an informational web page or screen; or                (5)  another place on the website or online service   commonly used to display information identifying the owner or   operator of the website or online service.          (c)  Subsection (a) applies regardless of whether another   person has previously electronically disseminated the same   recording or audiovisual work.   SUBCHAPTER C. ENFORCEMENT          Sec. 642.101.  DECLARATORY JUDGMENT OR INJUNCTIVE RELIEF.     (a)  An owner, assignee, authorized agent, or exclusive licensee of   a commercial recording or audiovisual work electronically   disseminated by a website or online service in violation of this   chapter may bring a private cause of action against a person who   violates or threatens to violate this chapter to obtain:                (1)  a declaratory judgment; and                (2)  permanent or temporary injunctive relief.          (b)  Before filing an action under this section, the   aggrieved party must provide notice to the person alleged to be in   violation of this chapter that states:                (1)  the person may be in violation of this chapter; and                (2)  that failure to cure the violation before the 14th   day after the date of receiving the notice may result in an action   being filed against the person under this section.          (c)  After the 14th day after the date the aggrieved party   provides notice under Subsection (b), the aggrieved party may bring   an action under this section in a court of competent jurisdiction.          (d)  Upon motion of the party instituting the action, the   court may make appropriate orders to compel compliance with this   chapter.          (e)  The prevailing party is entitled to recover necessary   expenses incurred in an action under this section, including   reasonable attorney's fees.          Sec. 642.102.  DECEPTIVE TRADE PRACTICE; REMEDIES. (a) A   violation of this chapter is a false, misleading, or deceptive act   or practice as defined by Section 17.46(b).          (b)  The relief provided under this subchapter for a   violation of this chapter is in addition to any remedy provided   under other federal or state law, including Subchapter E, Chapter   17.          SECTION 2.  This Act takes effect January 1, 2022.