Bill Text: TX HB186 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to prohibiting use of social media platforms by children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB186 Detail]
Download: Texas-2025-HB186-Introduced.html
| 89R566 ATP-F | ||
| By: Patterson | H.B. No. 186 | |
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| relating to prohibiting use of social media platforms by children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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. To the extent | ||
| permitted by federal law, including the Children's Online Privacy | ||
| Protection Act (15 U.S.C. Section 6501 et seq.), 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 use a commercially | ||
| reasonable method that relies on public or private transactional | ||
| data to verify the age of an individual as required under Subsection | ||
| (a). | ||
| (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. REQUIRED REMOVAL OF ACCOUNT. (a) Not later | ||
| than the 10th day after receiving a request from a parent or | ||
| guardian verified by a social media company under Section 509.101, | ||
| the company shall delete the account of the parent's or guardian's | ||
| child and cease the further use or maintenance in retrievable form, | ||
| or future online collection, of personal information collected from | ||
| the child's account, on all of its platforms. | ||
| (b) A social media company must provide a reasonable, | ||
| accessible, and verifiable means by which a parent or guardian may | ||
| make a request under Subsection (a). | ||
| Sec. 120.115. 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; | ||
| (3) misuses personal information in violation of | ||
| Section 120.113(c); or | ||
| (4) fails to remove an account as required by Section | ||
| 120.114. | ||
| (b) A violation of this subchapter by a social media | ||
| platform is considered a deceptive trade practice under Chapter 17 | ||
| and subject to action by the consumer protection division of the | ||
| attorney general's office under Sections 17.47, 17.58, 17.60, and | ||
| 17.61. | ||
| SECTION 2. 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 3. This Act takes effect September 1, 2025. | ||
