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A BILL TO BE ENTITLED
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AN ACT
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relating to age verification for the online sale of obscene |
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devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Penal Code, is amended by adding |
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Section 43.29 to read as follows: |
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Sec. 43.29. ONLINE SALE OF OBSCENE DEVICES TO MINORS |
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PROHIBITED. (a) A person commits an offense if, with criminal |
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negligence, the person sells or delivers an obscene device online: |
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(1) to an individual under the age of 18; or |
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(2) to any person without implementing an age |
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verification process at the point of sale to reasonably ensure that |
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the purchaser is 18 years of age or older. |
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(b) For the purposes of this section, "age verification |
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process" means a commercially reasonable age verification method as |
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referenced under Section 129B.003 of the Civil Practices and |
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Remedies Code to verify a purchaser's age including, but not |
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limited to: |
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(1) the requirement to submit a government-issued |
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photographic identification; |
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(2) third-party age verification services that use |
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public records or other reliable sources to verify the purchaser's |
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identity and age; or |
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(3) exclusive use of payment methods that are |
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restricted to individuals 18 years of age of older, provided such |
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verification is supplemented by another age verification method. |
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(c) It is a defence to prosecution under this section that |
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the minor falsely represented themselves to be 18 years of age or |
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older by providing a government-issued identification card or other |
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documentation that: |
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(1) appears to be valid on its face; or |
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(2) the minor presents a form of identification that |
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is valid but was not issued to the minor. |
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(d) A violation of this section is a Class A Misdemeanour. |
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(e) A person who violates this section is also subject to a |
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civil penalty of an amount not to exceed $5,000 for each violation |
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under Chapter 43. |
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SECTION 2. The changes in law made by this Act apply only to |
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an action brought on or after the effective date of this Act. An |
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action brought before the effective date of this Act is governed by |
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the law applicable to the action immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |