LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION

March 22, 2021

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB2174 by Shaheen (Relating to civil liability for certain actions that allow children to access pornographic materials.), As Introduced

The fiscal implications of the bill cannot be determined because the number of persons who own internet websites where individuals younger than 18 years of age access pornographic materials and the number of persons who post pornographic materials on websites accessed by individuals younger than 18 years of age is unknown.

The bill would amend the Civil Practice and Remedies Code to provide that a person who owns an internet website, including a person who owns a social media internet website, may be held liable for damages if an individual younger than 18 years of age accesses pornographic materials on the website. The bill would also provide that a person who posts pornographic materials on a website may be held liable for damages if an individual younger than 18 accesses the materials.

Based on information provided by the Office of Court Administration (OCA), the fiscal implications associated with implementing the provisions of the bill cannot be determined because the number of persons who own internet websites where individuals younger than 18 years of age access pornographic materials and the number of persons who post pornographic materials on websites that are accessed by individuals younger than 18 years of age is unknown.

The bill would take effect September 1, 2021.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Admin

LBB Staff:

JMc, SLE, MW, BH