Texas 2023 - 88th Regular

Texas House Bill HB4412

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to online agreements between certain minors and certain digital service providers.

Impact

If enacted, HB 4412 would amend the Business & Commerce Code, introducing Chapter 509, which encompasses definitions, applicability clauses, and specific duties for digital service providers regarding how they may interact with minors. Importantly, it prohibits digital service providers from entering into agreements with minors unless explicit and informed consent from a parent or guardian is obtained. This requirement is designed to ensure that consent is not only granted but also truly considers the minor's age, cognitive needs, and the specific context of the agreement. By establishing these regulations, the bill seeks to mitigate risks associated with unauthorized data collection and online agreements that minors may not fully comprehend.

Summary

House Bill 4412 introduces legislative regulations regarding online agreements between minors, specifically targeting digital service providers. The bill establishes a framework within which digital service providers must operate concerning minors aged 13 to 17 years. By implementing strict guidelines on obtaining parental consent before engaging in agreements with minors, the bill aims to enhance the protection of minors' personal identifying information from potential exploitation and misuse in the digital landscape. This effort directly addresses growing concerns about the interactions between young users and digital platforms that may not always prioritize their safety and privacy.

Sentiment

The sentiment surrounding HB 4412 seems supportive among advocates for children's rights and digital safety. Supporters argue that the bill represents a necessary step in safeguarding minors' rights in the increasingly digital world. They emphasize the importance of ensuring that parents are actively involved in their children's online interactions, especially concerning platforms that request or store sensitive information. However, potential opposition may arise from the technology industry, which might view the new regulations as an additional burden that could complicate the process of engaging with a younger audience.

Contention

Potential points of contention regarding HB 4412 could center on the feasibility of enforcing these regulations and how they may affect the digital service industry. Critics may argue that such legislation could stifle innovation or deter companies from targeting younger demographics out of fear of legal repercussions. Furthermore, there may be concerns about how the bill will be implemented practically, including whether digital service providers can realistically establish a standard for obtaining meaningful consent from parents, given the diverse ways in which digital interactions occur.

Companion Bills

No companion bills found.

Previously Filed As

TX HB18

Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.

TX SB01295

An Act Concerning Broadband Internet, Gaming, Social Media, Online Services And Consumer Contracts.

TX SB01356

An Act Concerning Data Privacy, Online Monitoring, Social Media, Data Brokers And Connected Vehicle Services.

TX HB642

Provides relative to sales and use taxation of certain digital products and services (EG INCREASE GF RV See Note)

TX HB170

Sales and use tax; taxation of certain digital products and services; provide

TX A4146

Requires entities to verify age of persons accessing certain online material and prohibits minors from accessing certain online material.

TX H0001

Online Protections for Minors

TX HB901

Consumer Protection - Online Products and Services - Children's Data

TX HB1126

"Walker Montgomery Protecting Children Online Act"; establish to protect minors from harmful content.

TX S0071

An act relating to consumer data privacy and online surveillance

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