Bill Text: TX SB1860 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the applicability of laws protecting minors from harmful material on digital services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-03-04 - Filed [SB1860 Detail]
Download: Texas-2025-SB1860-Introduced.html
| 89R10745 MLH-D | ||
| By: Hughes | S.B. No. 1860 | |
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| relating to the applicability of laws protecting minors from | ||
| harmful material on digital services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 509.002(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) This chapter does not apply to: | ||
| (1) a state agency or a political subdivision of this | ||
| state; | ||
| (2) a financial institution or data subject to Title | ||
| V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.); | ||
| (3) a covered entity or business associate governed by | ||
| the privacy, security, and breach notification rules issued by the | ||
| United States Department of Health and Human Services, 45 C.F.R. | ||
| Parts 160 and 164, established under the Health Insurance | ||
| Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d | ||
| et seq.), and the Health Information Technology for Economic and | ||
| Clinical Health Act (Division A, Title XIII, and Division B, Title | ||
| IV, Pub. L. No. 111-5); | ||
| (4) a small business as defined by the United States | ||
| Small Business Administration on September 1, 2024; | ||
| (5) an institution of higher education or a private | ||
| school, as that term is defined by Section 5.001, Education Code; | ||
| (6) a digital service provider who processes or | ||
| maintains user data in connection with the employment, promotion, | ||
| reassignment, or retention of the user as an employee or | ||
| independent contractor, to the extent that the user's data is | ||
| processed or maintained for that purpose; | ||
| (7) an operator or provider regulated by Subchapter D, | ||
| Chapter 32, Education Code, that primarily provides education | ||
| services to students or educational institutions; | ||
| (8) a person subject to the Family Educational Rights | ||
| and Privacy Act of 1974 (20 U.S.C. Section 1232g) that: | ||
| (A) operates a digital service; and | ||
| (B) primarily provides education services to | ||
| students or educational institutions; | ||
| (9) a digital service provider's provision of a | ||
| digital service that facilitates e-mail or direct messaging | ||
| services, if the digital service facilitates only those services; | ||
| or | ||
| (10) a digital service provider's provision of a | ||
| digital service that: | ||
| (A) primarily functions to provide a user with | ||
| access to news, sports, commerce, or content primarily generated or | ||
| selected by the digital service provider; and | ||
| (B) allows chat, comment, or other interactive | ||
| functionality that is incidental to the digital service. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
