Texas 2023 - 88th Regular

Texas House Bill HCR46 Compare Versions

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11 88R11184 BPG-D
2- By: Patterson, González of El Paso H.C.R. No. 46
2+ By: Patterson H.C.R. No. 46
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55 CONCURRENT RESOLUTION
66 WHEREAS, Scores of experts have warned the U.S. Congress
77 about the pressing need to protect children and adolescents from
88 social media harms; and
99 WHEREAS, Over the course of five hearings, the Senate
1010 Subcommittee on Consumer Protection, Product Safety, and Data
1111 Security received abundant testimony about the severe impacts
1212 social media platforms can have on brain development and mental
1313 health; problems noted by experts include hazardous substance use,
1414 eating disorders, bullying, anxiety, depression, and self-harm;
1515 Meta whistleblower Frances Haugen provided a trove of the company's
1616 internal research showing that its products have negative impacts
1717 on children, especially teenage girls, and that the company
1818 downplayed this troubling information and made but minimal efforts
1919 to mitigate damage; she implored Congress to take action; and
2020 WHEREAS, In a June 2022 letter, American Psychological
2121 Association Services, Mental Health America, and more than 100
2222 other organizations told the U.S. Senate Committee on Commerce,
2323 Science, and Transportation that the growing mental health crisis
2424 among America's youth is exacerbated by social media platforms
2525 designed in ways that increase exposure to harmful content and
2626 encourage unhealthy patterns of use; adolescence involves
2727 neurological changes that promote cravings for social attention,
2828 feedback, and status, the letter stated, and young users can find it
2929 difficult to abstain from social media, even when they recognize
3030 that it is making them feel terrible about themselves; and
3131 WHEREAS, The internet is a comparatively new form of media,
3232 and during its short history, Congress has struggled to understand
3333 the full breadth of its impact and determine how best to prevent
3434 negative consequences; though it aimed to safeguard those under the
3535 age of 13 with the passage of the Children's Online Privacy
3636 Protection Act of 1998, Congress has yet to address the many issues
3737 that have arisen in the intervening quarter century; and
3838 WHEREAS, Crafting legislation to prevent children from
3939 accessing harmful content has proven a particularly challenging
4040 endeavor, given the need to accommodate First Amendment concerns;
4141 laws targeting specific categories of speech based on content are
4242 subject to the exacting "strict scrutiny" standard of judicial
4343 review, and the courts have previously struck down as
4444 unconstitutional statutes seeking to criminalize the provision of
4545 harmful internet content to minors; however, federal case law does
4646 recognize certain circumstances in which Congress may restrict
4747 children's access to particular types of information, depending on
4848 such factors as existence of a demonstrable harm and assurances
4949 that any restriction does not encumber more constitutionally
5050 protected speech than is necessary; and
5151 WHEREAS, When social media platforms fail to take
5252 responsibility for the harms they cause, it is incumbent upon
5353 lawmakers to step in, and although balancing legal protections with
5454 First Amendment considerations will require extreme delicacy, the
5555 health, safety, and well-being of children and adolescents are too
5656 important to leave to the vagaries of algorithms designed to
5757 protect profits, not children; now, therefore, be it
5858 RESOLVED, That the 88th Legislature of the State of Texas
5959 hereby respectfully urge the United States Congress to pass
6060 legislation to protect children from the harms of social media;
6161 and, be it further
6262 RESOLVED, That the Texas secretary of state forward official
6363 copies of this resolution to the president of the United States, to
6464 the speaker of the House of Representatives and the president of the
6565 Senate of the United States Congress, and to all the members of the
6666 Texas delegation to the Congress with the request that this
6767 resolution be officially entered in the Congressional Record as a
6868 memorial to the Congress of the United States of America.