Sec. 143A.007. USER REMEDIES. (a) A user may bring an action against a social media platform that violates this chapter with respect to the user.
(b) If the user proves that the social media platform violated this chapter with respect to the user, the user is entitled to recover:
(1) declaratory relief under Chapter 37, including costs and reasonable and necessary attorney's fees under Section 37.009; and
(2) injunctive relief.
(c) If a social media platform fails to promptly comply with a court order in an action brought under this section, the court shall hold the social media platform in contempt and shall use all lawful measures to secure immediate compliance with the order, including daily penalties sufficient to secure immediate compliance.
(d) A user may bring an action under this section regardless of whether another court has enjoined the attorney general from enforcing this chapter or declared any provision of this chapter unconstitutional unless that court decision is binding on the court in which the action is brought.
(e) Nonmutual issue preclusion and nonmutual claim preclusion are not defenses to an action brought under this section.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 3 (H.B. 20), Sec. 7, eff. December 2, 2021.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 6 - Miscellaneous Provisions
Chapter 143A - Discourse on Social Media Platforms
Section 143A.002. Censorship Prohibited
Section 143A.003. Waiver Prohibited
Section 143A.004. Applicability of Chapter
Section 143A.005. Limitation on Effect of Chapter
Section 143A.006. Construction of Chapter