| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to restricting access to pornographic materials on certain |
|
|
websites and creating civil liability for certain actions that |
|
|
allow children to access pornographic materials. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 6, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 129B to read as follows: |
|
|
CHAPTER 129B. LIABILITY FOR ALLOWING CHILDREN TO ACCESS |
|
|
PORNOGRAPHIC MATERIAL |
|
|
Sec. 129B.001. DEFINITION. In this chapter, "pornographic |
|
|
material" means an image, video, or other means of visual display |
|
|
depicting actual or simulated sexual intercourse, deviate sexual |
|
|
intercourse, sexual bestiality, masturbation, sadomasochistic |
|
|
abuse, or lewd exhibition of the genitals, the anus, or any portion |
|
|
of the female breast below the top of the areola. |
|
|
Sec. 129B.002. LIABILITY FOR OWNERS OF INTERNET WEBSITES. |
|
|
(a) In this section, "organization" has the meaning assigned by |
|
|
Section 1.002, Business Organizations Code. |
|
|
(b) An organization that owns an Internet website, |
|
|
including an organization that owns a social media Internet |
|
|
website, must include a mechanism on the website that prevents a |
|
|
user from accessing pornographic material on the website unless the |
|
|
user verifies that the user is 13 years of age or older. |
|
|
(c) An organization may be held liable for damages if the |
|
|
organization does not include a mechanism described by Subsection |
|
|
(b) on the organization's Internet website. |
|
|
Sec. 129B.003. LIABILITY FOR PERSONS WHO UPLOAD |
|
|
PORNOGRAPHIC MATERIAL. A person who uploads pornographic material |
|
|
to an Internet website may be held liable for damages if an |
|
|
individual younger than 13 years of age accesses the material on the |
|
|
website. |
|
|
SECTION 2. Chapter 129B, Civil Practice and Remedies Code, |
|
|
as added by this Act, applies only to a cause of action that accrues |
|
|
on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |