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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of laws protecting minors from |
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harmful material on digital services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 509.002(b), Business & Commerce Code, as |
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added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, |
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Regular Session, 2023, is amended to read as follows: |
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(b) This chapter does not apply to: |
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(1) a state agency or a political subdivision of this |
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state; |
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(2) a financial institution or data subject to Title |
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V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.); |
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(3) a covered entity or business associate governed by |
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the privacy, security, and breach notification rules issued by the |
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United States Department of Health and Human Services, 45 C.F.R. |
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Parts 160 and 164, established under the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.), and the Health Information Technology for Economic and |
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Clinical Health Act (Division A, Title XIII, and Division B, Title |
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IV, Pub. L. No. 111-5); |
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(4) a small business as defined by the United States |
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Small Business Administration on September 1, 2024; |
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(5) an institution of higher education or a private |
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school, as that term is defined by Section 5.001, Education Code; |
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(6) a digital service provider who processes or |
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maintains user data in connection with the employment, promotion, |
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reassignment, or retention of the user as an employee or |
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independent contractor, to the extent that the user's data is |
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processed or maintained for that purpose; |
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(7) an operator or provider regulated by Subchapter D, |
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Chapter 32, Education Code, that primarily provides education |
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services to students or educational institutions; |
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(8) a person subject to the Family Educational Rights |
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and Privacy Act of 1974 (20 U.S.C. Section 1232g) that: |
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(A) operates a digital service; and |
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(B) primarily provides education services to |
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students or educational institutions; |
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(9) a digital service provider's provision of a |
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digital service that facilitates e-mail or direct messaging |
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services, if the digital service facilitates only those services; |
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or |
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(10) a digital service provider's provision of a |
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digital service that: |
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(A) primarily functions to provide a user with |
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access to news, sports, commerce, or content primarily generated or |
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selected by the digital service provider; and |
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(B) allows chat, comment, or other interactive |
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functionality that is incidental to the digital service. |
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SECTION 2. This Act takes effect September 1, 2025. |