Bill Text: TX HB896 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibiting use of social media platforms by children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-01 - Referred to Youth Health & Safety, Select [HB896 Detail]
Download: Texas-2023-HB896-Introduced.html
| By: Patterson | H.B. No. 896 | |
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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. USE BY CHILDREN PROHIBITED. (a) An | ||
| individual between 13 and 18 years of age may not use a social media | ||
| platform. | ||
| (b) Upon amendment to the definition of "child" under the | ||
| Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501 - 6506, | ||
| this Subchapter shall apply to any person younger than 18 years of | ||
| age. | ||
| Sec. 120.112. ACCOUNT AND VERIFICATION REQUIREMENTS. (a) | ||
| A social media platform shall: | ||
| (1) require the social media platform 's users to use | ||
| an account to access the social media platform; and | ||
| (2) verify that each account is held by an individual | ||
| who is at least 18 years of age. | ||
| (b) A social media platform shall verify the age of the | ||
| account holder by requiring the account holder to provide a copy of | ||
| the account holder's driver's license along with a second photo | ||
| showing both the account holder and the driver's license in a manner | ||
| that allows the social media company to verify the identity of the | ||
| account holder. | ||
| (c) Any personal information provided under subsection (b) | ||
| may only be used for age verification purposes, and the social media | ||
| company must delete personal information immediately upon | ||
| completion of the age verification process. | ||
| Sec. 120.113. REQUIRED REMOVAL OF ACCOUNT. (a) Not later | ||
| than 10 days after receiving a request from a parent, a social media | ||
| company shall delete the account of the parent'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 can make a | ||
| request under subsection (a). | ||
| Sec. 120.114. ENFORCEMENT. (a) A social media company | ||
| commits a violation of this Subchapter if it knowingly: | ||
| (1) allows a child to use its platform; | ||
| (2) uses or retains personal information provided in | ||
| violation of Section 120.112(c); or | ||
| (3) Fails to remove an account as required by Section | ||
| 120.113. | ||
| (b) A violation of this Subchapter shall be considered a | ||
| deceptive trade practice under Chapter 17, Business and Commerce | ||
| Code, and subject to action by the consumer protection division | ||
| under Sections 17.47, 17.58, 17.60, and 17.61, Business and | ||
| Commerce Code. | ||
| 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, 2024. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
