89R2541 JDK-D

By: Hunter H.B. No. 3862

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting use of social media platforms by children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 120.002(b), Business & Commerce Code, is amended to read as follows:

(b) Subchapters B and C apply [This chapter applies] only to a social media platform that functionally has more than 50 million active users in the United States in a calendar month.

SECTION 2. Chapter 120, Business & Commerce Code, is amended by adding Subchapter C-1 to read as follows:

SUBCHAPTER C-1. USER AGE LIMITATION

Sec. 120.111. DEFINITIONS. In this subchapter:

(1) "Account holder" means a resident of this state who opens an account or creates a profile or is identified by the social media platform by a unique identifier while using or accessing a social media platform.

(2) "Child" means an individual who is younger than 18 years of age.

Sec. 120.112. USE BY CHILDREN PROHIBITED. A child may not use a social media platform.

Sec. 120.113. ACCOUNT AND VERIFICATION REQUIREMENTS. (a) A social media platform shall:

(1) prohibit a child from entering into a contract with the social media platform to become an account holder; and

(2) verify that a person seeking to become an account holder is 18 years of age or older before accepting the person as an account holder.

(b) A social media platform must verify the age of an individual as required under Subsection (a) using a system that relies on government-issued identification.

(c) Personal information obtained under Subsection (b) may only be used for age verification purposes and may not be retained, used, transmitted, or otherwise conveyed, regardless of whether consideration is given for the information. The social media company must delete personal information immediately upon completion of the age verification process.

Sec. 120.114. ENFORCEMENT. (a) A social media company violates this subchapter if the company knowingly:

(1) fails to verify a person's age before accepting the person as an account holder;

(2) allows a child to use its platform; or

(3) misuses personal information in violation of Section 120.113(c).

(b) A violation of this subchapter by a social media platform is considered a deceptive trade practice under Subchapter E, Chapter 17.

SECTION 3. Subtitle C, Title 5, Business & Commerce Code, is amended by adding Chapter 121 to read as follows:

CHAPTER 121. ELECTRONIC DEVICE MARKERS AND FILTERS

Sec. 121.001. DEFINITIONS. In this chapter:

(1) "Electronic device" means a device with a screen that is capable of connecting to a cellular network or the Internet.

(2) "Explicit material" means visual material depicting:

(A) the intimate parts of a person, as defined by Section 21.16, Penal Code;

(B) sexual conduct, as defined by Section 21.16, Penal Code; or

(C) simulated sexual conduct, as defined by Section 21.16, Penal Code.

(3) "Filter" means software installed on an electronic device that is capable of preventing the device from accessing or displaying explicit material.

(4) "Marker" means software installed on an electronic device that is capable of alerting websites and applications of the owner or user's age.

(5) "Minor" means a person younger than 18 years of age.

Sec. 121.002. APPLICABILITY. This chapter does not apply to:

(1) a telecommunications provider who activates an electronic device on behalf of a user; or

(2) a retailer who sells an electronic device to a user.

Sec. 121.003. ELECTRONIC DEVICE MARKER REQUIRED. (a) To the extent possible, a manufacturer of electronic devices shall enable on each electronic device in this state or device associated with a user account in this state a process that allows the owner or user to activate an electronic device marker.

(b) A marker described by Subsection (a), when enabled, must notify a website or application accessed by the device that the device is being used by a minor.

Sec. 121.004. ELECTRONIC DEVICE FILTER REQUIRED. (a) A manufacturer of electronic devices shall automatically enable a filter on an electronic device that is activated in this state.

(b) A filter described by Subsection (a), when enabled, must:

(1) prevent a minor user from publicly sharing the minor's location;

(2) prevent a minor user from accessing, downloading, or displaying explicit material through use of:

(A) a mobile data network;

(B) an Internet network, including Wi-Fi; or

(C) a software application owned and controlled by the manufacturer of the electronic device;

(3) notify the user of the electronic device when the filter prevents the device from accessing or displaying explicit material;

(4) allow the user of the electronic device or a minor user's parent or guardian to circumvent the filter by entering a password or access code; and

(5) reasonably prevent a user of the electronic device from circumventing, modifying, removing, or uninstalling the filter without entering a password or access code.

SECTION 4. Section 32.104, Education Code, is amended to read as follows:

Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before transferring data processing equipment or an electronic device to a student, a school district or open-enrollment charter school must:

(1) adopt rules governing transfers under this subchapter, including provisions for technical assistance to the student by the district or school;

(2) determine that the transfer serves a public purpose and benefits the district or school;

(3) remove from the equipment any offensive, confidential, or proprietary information, as determined by the district or school;

(4) adopt rules establishing programs promoting parents as partners in cybersecurity and online safety that involve parents in students' use of transferred equipment or electronic devices; and

(5) for the transfer of an electronic device to be used for an educational purpose, install an Internet filter that blocks and prohibits:

(A) pornographic or obscene materials or applications, including from unsolicited pop-ups, installations, and downloads; and

(B) social media platforms, as defined by Section 120.001, Business & Commerce Code.

SECTION 5. Subchapter A, Chapter 38, Education Code, is amended by adding Sections 38.0232 and 38.0233 to read as follows:

Sec. 38.0232. ACCESS TO CERTAIN INTERNET CONTENT PROHIBITED. A school district or open-enrollment charter school shall adopt rules and procedures to block and prohibit access to certain content via the school's Internet network. The rules and procedures adopted must prohibit student access to:

(1) social media websites or applications;

(2) pornographic or obscene materials; and

(3) content considered harmful to minors by the school district or open-enrollment charter school.

Sec. 38.0233. PROHIBITED USE OF SMART DEVICES DURING INSTRUCTIONAL TIME. (a) In this section, "smart device" means a cell phone or wearable device that:

(1) is capable of connecting to a cellular network or the Internet; or

(2) is capable of serving as a camera.

(b) Notwithstanding Section 38.0231, the board of trustees of a school district or the governing body of an open-enrollment charter school shall adopt a policy prohibiting a student in the district or school from using a smart device during instructional time.

SECTION 6. Subchapter C-1, Chapter 120, Business & Commerce Code, as added by this Act, applies only to access to a social media platform on or after January 1, 2026.

SECTION 7. Not later than January 1, 2026, each manufacturer of electronic devices, to the extent possible, shall implement a software update to automatically enable an electronic device marker and an electronic device filter on an electronic device in this state or a device associated with a user account for a user in this state, as required by Chapter 121, Business & Commerce Code, as added by this Act.

SECTION 8. This Act takes effect September 1, 2025.