| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 87R7689 BRG-D | |
| 2 | 2 | By: Shaheen H.B. No. 2174 | |
| 3 | - | Substitute the following for H.B. No. 2174: | |
| 4 | - | By: Schofield C.S.H.B. No. 2174 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | - | relating to restricting access to pornographic materials on certain | |
| 10 | - | websites and creating civil liability for certain actions that | |
| 11 | - | allow children to access pornographic materials. | |
| 7 | + | relating to civil liability for certain actions that allow children | |
| 8 | + | to access pornographic materials. | |
| 12 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | 10 | SECTION 1. Title 6, Civil Practice and Remedies Code, is | |
| 14 | 11 | amended by adding Chapter 129B to read as follows: | |
| 15 | 12 | CHAPTER 129B. LIABILITY FOR ALLOWING CHILDREN TO ACCESS | |
| 16 | 13 | PORNOGRAPHIC MATERIAL | |
| 17 | 14 | Sec. 129B.0001. LIABILITY FOR OWNERS OF INTERNET WEBSITES. | |
| 18 | - | (a) In this section, "organization" has the meaning assigned by | |
| 19 | - | Section 1.002, Business Organizations Code. | |
| 20 | - | (b) An organization that owns an Internet website, | |
| 21 | - | including an organization that owns a social media Internet | |
| 22 | - | website, must include a mechanism on the website that prevents a | |
| 23 | - | user from accessing pornographic material on the website unless the | |
| 24 | - | user verifies that the user is 13 years of age or older. | |
| 25 | - | (c) An organization may be held liable for damages if the | |
| 26 | - | organization does not include a mechanism described by Subsection | |
| 27 | - | (b) on the organization's Internet website. | |
| 15 | + | A person who owns an Internet website, including a person who owns a | |
| 16 | + | social media Internet website, may be held liable for damages if an | |
| 17 | + | individual younger than 18 years of age accesses pornographic | |
| 18 | + | material on the person's Internet website. | |
| 28 | 19 | Sec. 129B.0002. LIABILITY FOR PERSONS WHO UPLOAD | |
| 29 | - | PORNOGRAPHIC MATERIAL. A person who uploads pornographic material | |
| 30 | - | to an Internet website may be held liable for damages if an | |
| 31 | - | individual younger than 13 years of age accesses the material on the | |
| 32 | - | website. | |
| 20 | + | PORNOGRAPHIC MATERIAL. A person who posts pornographic material on | |
| 21 | + | an Internet website may be held liable for damages if an individual | |
| 22 | + | younger than 18 years of age accesses the material on the website. | |
| 33 | 23 | SECTION 2. Chapter 129B, Civil Practice and Remedies Code, | |
| 34 | 24 | as added by this Act, applies only to a cause of action that accrues | |
| 35 | 25 | on or after the effective date of this Act. | |
| 36 | 26 | SECTION 3. This Act takes effect September 1, 2021. |