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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 certain |
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minors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. DEFINITION. In this subchapter, "account |
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holder" means a person who is a resident of this state who: |
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(1) opens an account with or creates a profile on a |
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social media platform; or |
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(2) is assigned a unique identifier by a social media |
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platform that the platform uses to identify the person when the |
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person uses or accesses the platform. |
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Sec. 120.112. USE BY CERTAIN MINORS PROHIBITED. To the |
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extent permitted by federal law, including the Children's Online |
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Privacy Protection Act of 1998 (15 U.S.C. Section 6501 et seq.), an |
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individual who is younger than 16 years of age may not use a social |
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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) use a commercially reasonable method that relies |
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on public or private transactional data to verify that a person |
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seeking to become an account holder is not an individual who is |
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younger than 16 years of age before accepting the person as an |
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account holder; and |
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(2) prohibit any individual who is younger than 16 |
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years of age from becoming an account holder with the social media |
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platform. |
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(b) A social media platform that obtains a person's personal |
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information for the purpose of performing the verification required |
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under Subsection (a): |
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(1) may use the personal information only for age |
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verification purposes; |
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(2) may not retain, use, transmit, or otherwise convey |
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the personal information, regardless of whether consideration is |
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given for the personal information; and |
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(3) shall delete the personal information immediately |
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upon completing the verification required under Subsection (a). |
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Sec. 120.114. REQUIRED REMOVAL OF ACCOUNT. (a) In this |
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section, "known minor," "personal identifying information," and |
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"verified parent" have the meanings assigned by Section 509.001. |
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(b) A social media platform that is a digital service |
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provider regulated under Chapter 509 shall provide a reasonable, |
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accessible, and verifiable means by which a verified parent may |
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request that the social media platform delete the account of the |
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verified parent's known minor who is younger than 16 years of age. |
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(c) A social media platform that is not a digital service |
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provider regulated under Chapter 509 shall: |
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(1) use a commercially reasonable method to create and |
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maintain a system that would comply with the requirements of |
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Subchapter C, Chapter 509, if those requirements applied to the |
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platform; and |
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(2) provide a reasonable, accessible, and verifiable |
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means by which a parent or guardian verified using the system |
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required under Subdivision (1) may request that the social media |
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platform delete the account of the parent's or guardian's related |
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minor who is younger than 16 years of age. |
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(d) A social media platform that receives a request made |
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under Subsection (b) or (c) regarding a known minor or related |
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minor, as applicable: |
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(1) shall delete the account of the minor not later |
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than the 10th day after the social media platform receives the |
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request; and |
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(2) may not, after the date on which the social media |
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platform deletes the minor's account: |
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(A) collect any additional personal identifying |
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information associated with the minor; or |
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(B) further use or retain any personal |
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identifying information collected from the minor's account on any |
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platform or service belonging to the social media platform. |
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Sec. 120.115. ENFORCEMENT. (a) A social media platform |
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violates this subchapter if the platform knowingly: |
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(1) fails to perform the verification required by |
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Section 120.113(a) before accepting a person as an account holder; |
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(2) allows an individual who is younger than 16 years |
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of age to use the platform; |
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(3) retains or uses personal information in violation |
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of Section 120.113(b); or |
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(4) fails to delete 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 a deceptive trade practice in addition to the practices |
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described by Subchapter E, Chapter 17, and is actionable under that |
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subchapter. |
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SECTION 2. 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, 2028. |
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SECTION 3. This Act takes effect September 1, 2027. |