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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting use of social media platforms by children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 120, Business & Commerce Code, is |
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amended by adding Subchapter C-1 to read as follows: |
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SUBCHAPTER C-1. USER AGE LIMITATION |
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Sec. 120.111. USE BY CHILDREN PROHIBITED. (a) An |
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individual between 13 and 18 years of age may not use a social media |
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platform. |
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(b) Upon amendment to the definition of "child" under the |
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Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501 - 6506, |
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this Subchapter shall apply to any person younger than 18 years of |
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age. |
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Sec. 120.112. ACCOUNT AND VERIFICATION REQUIREMENTS. (a) |
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A social media platform shall: |
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(1) require the social media platform 's users to use |
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an account to access the social media platform; and |
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(2) verify that each account is held by an individual |
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who is at least 18 years of age. |
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(b) A social media platform shall verify the age of the |
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account holder by requiring the account holder to provide a copy of |
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the account holder's driver's license along with a second photo |
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showing both the account holder and the driver's license in a manner |
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that allows the social media company to verify the identity of the |
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account holder. |
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(c) Any personal information provided under subsection (b) |
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may only be used for age verification purposes, and the social media |
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company must delete personal information immediately upon |
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completion of the age verification process. |
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Sec. 120.113. REQUIRED REMOVAL OF ACCOUNT. (a) Not later |
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than 10 days after receiving a request from a parent, a social media |
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company shall delete the account of the parent's child and cease the |
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further use or maintenance in retrievable form, or future online |
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collection, of personal information collected from the child's |
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account, on all of its platforms. |
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(b) A social media company must provide a reasonable, |
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accessible, and verifiable means by which a parent can make a |
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request under subsection (a). |
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Sec. 120.114. ENFORCEMENT. (a) A social media company |
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commits a violation of this Subchapter if it knowingly: |
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(1) allows a child to use its platform; |
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(2) uses or retains personal information provided in |
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violation of Section 120.112(c); or |
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(3) Fails to remove an account as required by Section |
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120.113. |
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(b) A violation of this Subchapter shall be considered a |
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deceptive trade practice under Chapter 17, Business and Commerce |
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Code, and subject to action by the consumer protection division |
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under Sections 17.47, 17.58, 17.60, and 17.61, Business and |
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Commerce Code. |
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SECTION 2. Subchapter C-1, Chapter 120, Business & Commerce |
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Code, as added by this Act, applies only to access to a social media |
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platform on or after January 1, 2024. |
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SECTION 3. This Act takes effect September 1, 2023. |