89R11623 BCH-D
 
  By: Hughes S.B. No. 2881
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the access and communications settings for accounts of
  minor users of digital services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 509, Business & Commerce
  Code, as added by Chapter 795 (H.B. 18), Acts of the 88th
  Legislature, Regular Session, 2023, is amended by adding Section
  509.0525 to read as follows:
         Sec. 509.0525.  ACCESS AND COMMUNICATIONS SETTINGS FOR
  ACCOUNTS OF KNOWN MINORS. (a) A digital service provider shall
  create access and communications controls for user accounts of
  known minor users of the digital service in accordance with this
  section.
         (b)  The initial default settings for the account of a known
  minor user of a digital service must be set to:
               (1)  limit the amount of time spent using the service to
  one hour each day;
               (2)  prohibit unsolicited messages or communications
  from unknown users;
               (3)  prohibit any comments, likes, or reactions to
  content posted by a known minor user;
               (4)  prohibit the public display of a known minor user's
  list of friends, contacts, or followers; and
               (5)  prohibit the use of algorithms to automate the
  suggestion, promotion, or ranking of information or content on the
  digital service.
         (c)  A verified parent of a known minor may use parental
  tools created under Section 509.054 to change the access and
  communications settings on the minor's user account at any time.
         SECTION 2.  Section 509.054(b), Business & Commerce Code, as
  added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
  Regular Session, 2023, is amended to read as follows:
         (b)  Parental tools under this section must allow a verified
  parent to:
               (1)  control the known minor's privacy and account
  settings, including changing the default access and communications
  settings on the account under Section 509.0525;
               (2)  alter the duties of a digital service provider
  under Section 509.052 with regard to the verified parent's known
  minor;
               (3)  if the verified parent alters the duty of a digital
  service provider under Section 509.052(2)(A), restrict the ability
  of the verified parent's known minor to make purchases or engage in
  financial transactions; and
               (4)  monitor and limit the amount of time the verified
  parent's known minor spends using the digital service.
         SECTION 3.  Section 509.056, Business & Commerce Code, as
  added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
  Regular Session, 2023, is amended to read as follows:
         Sec. 509.056.  USE OF ALGORITHMS.  Except where the use of
  algorithms is prohibited under Section 509.0525, a [A] digital
  service provider that uses algorithms to automate the suggestion,
  promotion, or ranking of information to known minors on the digital
  service shall:
               (1)  make a commercially reasonable effort to ensure
  that the algorithm does not interfere with the digital service
  provider's duties under Section 509.053; and
               (2)  disclose in the digital service provider's terms
  of service, privacy policy, or similar document, in a clear and
  accessible manner, an overview of:
                     (A)  the manner in which the digital service uses
  algorithms to provide information or content;
                     (B)  the manner in which algorithms promote, rank,
  or filter information or content; and
                     (C)  the personal identifying information used as
  inputs to provide information or content.
         SECTION 4.  (a) Except as provided by Subsection (b) of this
  section, Section 509.0525, Business & Commerce Code, as added by
  this Act, applies to accounts created on digital services on or
  after the effective date of this Act.
         (b)  Digital service providers shall ensure accounts created
  on digital services before the effective date of this Act comply
  with Section 509.0525, Business & Commerce Code, as added by this
  Act, not later than January 1, 2026.
         SECTION 5.  This Act takes effect September 1, 2025.