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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for certain Internet websites containing |
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sexual material harmful to minors; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 120, Business & Commerce |
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Code, is amended to read as follows: |
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CHAPTER 120. SOCIAL MEDIA PLATFORMS AND INTERNET WEBSITES |
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SECTION 2. Chapter 120, Business & Commerce Code, is |
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amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. SEXUAL MATERIAL HARMFUL TO MINORS |
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Sec. 120.201. DEFINITIONS. In this subchapter: |
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(1) "Commercial entity" includes a corporation, |
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limited liability company, partnership, limited partnership, sole |
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proprietorship, or other legally recognized business entity. |
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(2) "Distribute" means to issue, sell, give, provide, |
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deliver, transfer, transmute, circulate, or disseminate by any |
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means. |
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(3) "Minor" means an individual younger than 18 years |
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of age. |
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(4) "News-gathering organization" includes: |
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(A) an employee of a newspaper, news publication, |
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or news source, printed or on an online or mobile platform, of |
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current news and public interest, who is acting within the course |
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and scope of that employment and can provide documentation of that |
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employment with the newspaper, news publication, or news source; |
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and |
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(B) an employee of a radio broadcast station, |
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television broadcast station, cable television operator, or wire |
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service who is acting within the course and scope of that employment |
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and can provide documentation of that employment. |
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(5) "Publish" means to communicate or make information |
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available to another person or entity on a publicly available |
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Internet website. |
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(6) "Sexual material harmful to minors" includes any |
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material that: |
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(A) the average person, applying contemporary |
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community standards, would find, taking the material as a whole and |
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with respect to minors, is designed to appeal to or pander to the |
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prurient interest; |
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(B) in a manner patently offensive with respect |
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to minors, exploits, is devoted to, or principally consists of |
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descriptions of actual, simulated, or animated display or depiction |
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of: |
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(i) a person's pubic hair, anus, or genitals |
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or the nipple of the female breast; |
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(ii) touching, caressing, or fondling of |
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nipples, breasts, buttocks, anuses, or genitals; or |
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(iii) sexual intercourse, masturbation, |
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sodomy, bestiality, oral copulation, flagellation, excretory |
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functions, exhibitions, or any other sexual act; and |
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(C) taken as a whole, lacks serious literary, |
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artistic, political, or scientific value for minors. |
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(7) "Transactional data" means a sequence of |
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information that documents an exchange, agreement, or transfer |
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between an individual, commercial entity, or third party used for |
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the purpose of satisfying a request or event. The term includes |
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records from mortgage, education, and employment entities. |
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Sec. 120.202. PUBLICATION OF MATERIAL HARMFUL TO MINORS. |
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(a) A commercial entity that knowingly and intentionally publishes |
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or distributes material on an Internet website, including a social |
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media platform, more than one-third of which is sexual material |
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harmful to minors, shall use reasonable age verification methods as |
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described by Section 120.203 to verify that an individual |
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attempting to access the material is 18 years of age or older. |
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(b) A commercial entity that performs the age verification |
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required by Subsection (a) or a third party that performs the age |
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verification required by Subsection (a) may not retain any |
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identifying information of the individual after access has been |
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granted to the material. |
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(c) A commercial entity that knowingly and intentionally |
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publishes or distributes material on an Internet website that is |
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found to have violated this section is liable to the parent or |
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guardian of the minor for damages resulting from a minor's access to |
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the material, including court costs and reasonable attorney's fees |
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as ordered by the court. |
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(d) A commercial entity that knowingly and intentionally |
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publishes or distributes material on an Internet website or a third |
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party that performs the age verification required by Subsection (a) |
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that is found to have knowingly retained identifying information of |
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an individual after access has been granted to the individual is |
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liable to the individual for damages resulting from retaining the |
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identifying information, including court costs and reasonable |
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attorney's fees as ordered by the court. |
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Sec. 120.203. REASONABLE AGE VERIFICATION METHODS. (a) In |
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this section, "digital identification" means information stored on |
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a digital network that may be accessed by a commercial entity and |
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that serves as proof of the identity of an individual. |
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(b) A commercial entity that knowingly and intentionally |
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publishes or distributes material on an Internet website or a third |
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party that performs age verification under this subchapter shall |
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require an individual to: |
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(1) provide digital identification; or |
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(2) comply with a commercial age verification system |
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that verifies age using: |
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(A) government-issued identification; or |
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(B) a commercially reasonable method that relies |
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on public or private transactional data to verify the age of an |
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individual. |
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Sec. 120.204. SEXUAL MATERIALS HEALTH WARNINGS. A |
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commercial entity required to use reasonable age verification |
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methods under Section 120.202(a) shall: |
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(1) display the following notices on the landing page |
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of the Internet website and all advertisements for the Internet |
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website in 14-point font or larger: |
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"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography |
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is potentially biologically addictive, is proven to harm human |
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brain development, desensitizes brain reward circuits, increases |
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conditioned responses, and weakens brain function." |
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"TEXAS HEALTH AND HUMAN SERVICES WARNING: Exposure to |
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this content is associated with low self-esteem and body image, |
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eating disorders, impaired brain development, and other emotional |
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and mental illnesses." |
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"TEXAS HEALTH AND HUMAN SERVICES WARNING: Pornography |
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increases the demand for prostitution, child exploitation, and |
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child pornography."; and |
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(2) display the following notice at the bottom of |
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every page of the Internet website in 14-point font or larger: |
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"U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION |
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HELPLINE: |
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1-800-662-HELP (4357) |
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THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN |
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ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND |
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FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. |
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THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, |
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SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS." |
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Sec. 120.205. ENFORCEMENT BY ATTORNEY GENERAL; CIVIL |
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PENALTY. (a) A commercial entity who violates this subchapter is |
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liable to this state for a civil penalty in an amount not to exceed |
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$30,000 for each violation. |
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(b) The attorney general may bring an action in the name of |
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the state to recover a civil penalty under this section. The |
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attorney general may recover attorney's fees and costs incurred in |
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bringing an action under this section. |
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(c) The action may be brought in a district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation or |
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threatened violation occurs. |
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(d) The attorney general shall deposit a civil penalty |
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collected under this section in the state treasury to the credit of |
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the general revenue fund. |
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Sec. 120.206. CIVIL ACTION AGAINST COMMERCIAL ENTITY. (a) |
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A parent or guardian of a minor who accesses sexual material harmful |
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to minors due to the violation of this subchapter by a commercial |
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entity may bring a civil action against the commercial entity. |
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(b) A parent or guardian who brings an action under this |
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section shall provide written notice of the action to the attorney |
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general. |
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(c) Notwithstanding Sections 41.003 and 41.004, Civil |
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Practice and Remedies Code, a parent or guardian who prevails in an |
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action under this section is entitled to recover: |
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(1) damages in the amount of $10,000; |
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(2) court costs; and |
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(3) attorney's fees. |
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(d) A court may certify an action brought against a |
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commercial entity under this section as a class action. |
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Sec. 120.207. OTHER ACTION BY ATTORNEY GENERAL. (a) In |
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addition to collecting the penalty under Section 120.205, the |
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attorney general may bring a civil action to enjoin a commercial |
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entity from further violating this subchapter. |
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(b) The attorney general may join an action for which the |
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attorney general receives notice under Section 120.206(b). |
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(c) The court shall permit the attorney general to join an |
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action in accordance with Subsection (b) not later than the 30th day |
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after the date the attorney general receives notice of the action. |
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(d) If the attorney general joins an action in accordance |
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with Subsection (b), the attorney general may seek the remedies |
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provided under Subsection (a) and Section 120.205. |
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Sec. 120.208. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter does not apply to a bona fide news or public interest |
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broadcast, website video, report, or event and may not be construed |
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to affect the rights of a news-gathering organization. |
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(b) An Internet service provider, or its affiliates or |
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subsidiaries, a search engine, or a cloud service provider may not |
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be held to have violated this subchapter solely for providing |
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access or connection to or from a website or other information or |
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content on the Internet or on a facility, system, or network not |
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under that provider's control, including transmission, |
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downloading, intermediate storage, access software, or other |
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services to the extent the provider or search engine is not |
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responsible for the creation of the content that constitutes sexual |
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material harmful to minors. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |