Amends TCA Title 47, Chapter 25.

This bill establishes requirements for a publisher that offers to license an electronic literary product to the public. Under this bill, a publisher who offers to license an electronic literary product to the public must offer to license the electronic literary product to libraries in the state on reasonable terms, which would enable libraries to provide library users with access to the electronic literary product. This bill provides that the terms of such a license may include: (1) A limitation on the number of users a library may simultaneously allow to access an electronic literary product; (2) A limitation on the number of days a library may allow a user to access an electronic literary product; and (3) The use of technological protection measures that would prevent a user from: (A) Maintaining access to an electronic literary product beyond the access period specified in the license; and (B) Allowing another user to access an electronic literary product. The terms of a license under this bill must not include a limitation on the number of electronic literary product licenses a library may purchase on the same date the electronic literary product license is made available to the public. A violation of this bill will be considered an unfair or deceptive act or practice under the Consumer Protection Act, and, in addition to the remedies and penalties provided for in the Act, will be punishable by a civil penalty not to exceed $500 for a first offense. A second or subsequent offense will be punishable by a civil penalty not to exceed $1,000 for each offense. Generally under present law, violations of the Act are Class B misdemeanors and an injured party may recover damages, including treble damages in cases of willful or knowing violations.