89R20362 BCH-D
By: Patterson, Fairly, González of El Paso, H.B. No. 186
Bell of Kaufman, et al.
Substitute the following for H.B. No. 186:
By: Button C.S.H.B. No. 186
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting use of social media platforms by children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 120.001(1), Business & Commerce Code, is
amended to read as follows:
(1) "Social media platform" means an Internet website
or application that is open to the public, allows a user to create
an account, and enables users to communicate with other users for
the primary purpose of posting information, comments, messages, or
images. The term does not include:
(A) an Internet service provider as defined by
Section 324.055;
(B) electronic mail; [or]
(C) an online service, application, or website:
(i) that consists primarily of news,
sports, entertainment, or other information or content that is not
user generated but is preselected by the provider; and
(ii) for which any chat, comments, or
interactive functionality is incidental to, directly related to, or
dependent on the provision of the content described by Subparagraph
(i); or
(D) an online service, application, or website
used primarily for the purpose of interactive gaming.
SECTION 2. Chapter 120, Business & Commerce Code, is
amended by adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. USER AGE LIMITATION
Sec. 120.111. DEFINITIONS. In this subchapter:
(1) "Account holder" means a resident of this state
who opens an account or creates a profile or is identified by the
social media platform by a unique identifier while using or
accessing a social media platform.
(2) "Child" means an individual who is younger than 18
years of age.
Sec. 120.112. USE BY CHILDREN PROHIBITED. To the extent
permitted by federal law, including the Children's Online Privacy
Protection Act (15 U.S.C. Section 6501 et seq.), a child may not use
a social media platform.
Sec. 120.113. ACCOUNT AND VERIFICATION REQUIREMENTS. (a)
A social media platform shall:
(1) prohibit a child from entering into a contract
with the social media platform to become an account holder; and
(2) verify that a person seeking to become an account
holder is 18 years of age or older before accepting the person as an
account holder.
(b) A social media platform must use a commercially
reasonable method that relies on public or private transactional
data to verify the age of an individual as required under Subsection
(a).
(c) Personal information obtained under Subsection (b) may
only be used for age verification purposes and may not be retained,
used, transmitted, or otherwise conveyed, regardless of whether
consideration is given for the information. The social media
company must delete personal information immediately upon
completion of the age verification process.
Sec. 120.114. REQUIRED REMOVAL OF ACCOUNT. (a) Not later
than the 10th day after receiving a request from a parent or
guardian verified by a social media company under Section 509.101,
the company shall delete the account of the parent's or guardian's
child and cease the further use or maintenance in retrievable form,
or future online collection, of personal information collected from
the child's account, on all of its platforms.
(b) A social media company must provide a reasonable,
accessible, and verifiable means by which a parent or guardian may
make a request under Subsection (a).
Sec. 120.115. ENFORCEMENT. (a) A social media company
violates this subchapter if the company knowingly:
(1) fails to verify a person's age before accepting the
person as an account holder;
(2) allows a child to use its platform;
(3) misuses personal information in violation of
Section 120.113(c); or
(4) fails to remove an account as required by Section
120.114.
(b) A violation of this subchapter by a social media
platform is considered a deceptive trade practice under Chapter 17
and subject to action by the consumer protection division of the
attorney general's office under Sections 17.47, 17.58, 17.60, and
17.61.
SECTION 3. Subchapter C-1, Chapter 120, Business & Commerce
Code, as added by this Act, applies only to access to a social media
platform on or after January 1, 2026.
SECTION 4. This Act takes effect September 1, 2025.