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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. Section 120.001(1), Business & Commerce Code, is |
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amended to read as follows: |
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(1) "Social media platform" means an Internet website |
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or application that is open to the public, allows a user to create |
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an account, and enables users to communicate with other users for |
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the primary purpose of posting information, comments, messages, or |
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images. The term does not include: |
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(A) an Internet service provider as defined by |
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Section 324.055; |
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(B) electronic mail; [or] |
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(C) an online service, application, or website: |
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(i) that consists primarily of news, |
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sports, entertainment, or other information or content that is not |
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user generated but is preselected by the provider; and |
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(ii) for which any chat, comments, or |
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interactive functionality is incidental to, directly related to, or |
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dependent on the provision of the content described by Subparagraph |
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(i); or |
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(D) an online service, application, or website |
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used primarily for the purpose of interactive gaming. |
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SECTION 2. 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. DEFINITIONS. In this subchapter: |
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(1) "Account holder" means a resident of this state |
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who opens an account or creates a profile or is identified by the |
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social media platform by a unique identifier while using or |
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accessing a social media platform. |
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(2) "Child" means an individual who is younger than 18 |
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years of age. |
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Sec. 120.112. USE BY CHILDREN PROHIBITED. To the extent |
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permitted by federal law, including the Children's Online Privacy |
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Protection Act (15 U.S.C. Section 6501 et seq.), a child may not use |
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a social media platform. |
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Sec. 120.113. ACCOUNT AND VERIFICATION REQUIREMENTS. (a) |
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A social media platform shall: |
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(1) prohibit a child from entering into a contract |
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with the social media platform to become an account holder; and |
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(2) verify that a person seeking to become an account |
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holder is 18 years of age or older before accepting the person as an |
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account holder. |
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(b) A social media platform must use a commercially |
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reasonable method that relies on public or private transactional |
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data to verify the age of an individual as required under Subsection |
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(a). |
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(c) Personal information obtained under Subsection (b) may |
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only be used for age verification purposes and may not be retained, |
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used, transmitted, or otherwise conveyed, regardless of whether |
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consideration is given for the information. 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. 120.114. REQUIRED REMOVAL OF ACCOUNT. (a) Not later |
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than the 10th day after receiving a request from a parent or |
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guardian verified by a social media company under Section 509.101, |
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the company shall delete the account of the parent's or guardian's |
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child and cease the further use or maintenance in retrievable form, |
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or future online collection, of personal information collected from |
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the child's 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 or guardian may |
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make a request under Subsection (a). |
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Sec. 120.115. ENFORCEMENT. (a) A social media company |
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violates this subchapter if the company knowingly: |
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(1) fails to verify a person's age before accepting the |
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person as an account holder; |
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(2) allows a child to use its platform; |
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(3) misuses personal information in violation of |
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Section 120.113(c); or |
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(4) fails to remove an account as required by Section |
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120.114. |
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(b) A violation of this subchapter by a social media |
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platform is considered a deceptive trade practice under Chapter 17 |
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and subject to action by the consumer protection division of the |
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attorney general's office under Sections 17.47, 17.58, 17.60, and |
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17.61. |
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SECTION 3. 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, 2026. |
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SECTION 4. This Act takes effect September 1, 2025. |