88R5545 JES-D
By: Shaheen H.B. No. 1181
A BILL TO BE ENTITLED
AN ACT
relating to restricting access to pornographic materials on certain
websites and creating civil liability for certain actions that
allow children to access pornographic materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 129B to read as follows:
CHAPTER 129B. LIABILITY FOR ALLOWING CHILDREN TO ACCESS
PORNOGRAPHIC MATERIAL
Sec. 129B.001. DEFINITION. In this chapter, "pornographic
material" means an image, video, or other means of visual display
depicting actual or simulated sexual intercourse, deviate sexual
intercourse, sexual bestiality, masturbation, sadomasochistic
abuse, or lewd exhibition of the genitals, the anus, or any portion
of the female breast below the top of the areola.
Sec. 129B.002. LIABILITY FOR OWNERS OF INTERNET WEBSITES.
(a) In this section, "organization" has the meaning assigned by
Section 1.002, Business Organizations Code.
(b) An organization that owns an Internet website,
including an organization that owns a social media Internet
website, must include a mechanism on the website that prevents a
user from accessing pornographic material on the website unless the
user verifies that the user is 13 years of age or older.
(c) An organization may be held liable for damages if the
organization does not include a mechanism described by Subsection
(b) on the organization's Internet website.
Sec. 129B.003. LIABILITY FOR PERSONS WHO UPLOAD
PORNOGRAPHIC MATERIAL. A person who uploads pornographic material
to an Internet website may be held liable for damages if an
individual younger than 13 years of age accesses the material on the
website.
SECTION 2. Chapter 129B, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.