88R8319 SHH-D
By: Leo-Wilson H.B. No. 3585
A BILL TO BE ENTITLED
AN ACT
relating to restricting access to sexual material harmful to minors
on an Internet website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 120, Business & Commerce
Code, is amended to read as follows:
CHAPTER 120. SOCIAL MEDIA PLATFORMS AND INTERNET WEBSITES
SECTION 2. Chapter 120, Business & Commerce Code, is
amended by adding Subchapter E to read as follows:
SUBCHAPTER E. SEXUAL MATERIAL HARMFUL TO MINORS
Sec. 120.201. DEFINITIONS. In this subchapter:
(1) "Commercial entity" includes a corporation,
limited liability company, partnership, limited partnership, sole
proprietorship, or other legally recognized business entity.
(2) "Distribute" means to issue, sell, give, provide,
deliver, transfer, transmute, circulate, or disseminate by any
means.
(3) "Minor" means an individual younger than 18 years
of age.
(4) "News-gathering organization" includes:
(A) an employee of a newspaper, news publication,
or news source, printed or on an online or mobile platform, of
current news and public interest, who is acting within the course
and scope of that employment and can provide documentation of that
employment with the newspaper, news publication, or news source;
and
(B) an employee of a radio broadcast station,
television broadcast station, cable television operator, or wire
service who is acting within the course and scope of that employment
and can provide documentation of that employment.
(5) "Publish" means to communicate or make information
available to another person or entity on a publicly available
Internet website.
(6) "Sexual material harmful to minors" includes any
material that:
(A) the average person, applying contemporary
community standards, would find, taking the material as a whole and
with respect to minors, is designed to appeal to or pander to the
prurient interest;
(B) in a manner patently offensive with respect
to minors, exploits, is devoted to, or principally consists of
descriptions of actual, simulated, or animated display or depiction
of:
(i) a person's pubic hair, anus, or genitals
or the nipple of the female breast;
(ii) touching, caressing, or fondling of
nipples, breasts, buttocks, anuses, or genitals; or
(iii) sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation, excretory
functions, exhibitions, or any other sexual act; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
(7) "Transactional data" means a sequence of
information that documents an exchange, agreement, or transfer
between an individual, commercial entity, or third party used for
the purpose of satisfying a request or event. The term includes
records from mortgage, education, and employment entities.
Sec. 120.202. PUBLICATION OF MATERIAL HARMFUL TO MINORS.
(a) A commercial entity that knowingly and intentionally publishes
or distributes material on an Internet website, including a social
media platform, more than one-third of which is sexual material
harmful to minors, shall use reasonable age verification methods as
described by Section 120.203 to verify that an individual
attempting to access the material is 18 years of age or older.
(b) A commercial entity that performs the age verification
required by Subsection (a) or a third party that performs the age
verification required by Subsection (a) may not retain any
identifying information of the individual after access has been
granted to the material.
(c) A commercial entity that knowingly and intentionally
publishes or distributes material on an Internet website that is
found to have violated this section is liable to the parent or
guardian of the minor for damages resulting from a minor's access to
the material, including court costs and reasonable attorney fees as
ordered by the court.
(d) A commercial entity that knowingly and intentionally
publishes or distributes material on an Internet website, or a
third party that performs the age verification required by
Subsection (a) that is found to have knowingly retained identifying
information of an individual after access has been granted to the
individual is liable to the individual for damages resulting from
retaining the identifying information, including court costs and
reasonable attorney fees as ordered by the court.
Sec. 120.203. REASONABLE AGE VERIFICATION METHODS. (a) In
this section, "digital identification" means information stored on
a digital network that may be accessed by a commercial entity and
that serves as proof of the identity of an individual.
(b) A commercial entity that knowingly and intentionally
publishes or distributes material on an Internet website or a third
party that performs age verification under this subchapter shall
require an individual to:
(1) provide digital identification; or
(2) comply with a commercial age verification system
that verifies age using:
(A) government-issued identification; or
(B) a commercially reasonable method that relies
on public or private transactional data to verify the age of an
individual.
Sec. 120.204. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter does not apply to a bona fide news or public interest
broadcast, website video, report, or event and may not be construed
to affect the rights of a news-gathering organization.
(b) An Internet service provider, or its affiliates or
subsidiaries, a search engine, or a cloud service provider may not
be held to have violated this subchapter solely for providing
access or connection to or from a website or other information or
content on the Internet or on a facility, system, or network not
under that provider's control, including transmission,
downloading, intermediate storage, access software, or other
services to the extent the provider or search engine is not
responsible for the creation of the content that constitutes sexual
material harmful to minors.
SECTION 3. This Act takes effect September 1, 2023.