89R2541 JDK-D
By: Hunter H.B. No. 3862
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 120.002(b), Business & Commerce Code, is
amended to read as follows:
(b) Subchapters B and C apply [This chapter applies] only to
a social media platform that functionally has more than 50 million
active users in the United States in a calendar month.
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. 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 verify the age of an
individual as required under Subsection (a) using a system that
relies on government-issued identification.
(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. 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; or
(3) misuses personal information in violation of
Section 120.113(c).
(b) A violation of this subchapter by a social media
platform is considered a deceptive trade practice under Subchapter
E, Chapter 17.
SECTION 3. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 121 to read as follows:
CHAPTER 121. ELECTRONIC DEVICE MARKERS AND FILTERS
Sec. 121.001. DEFINITIONS. In this chapter:
(1) "Electronic device" means a device with a screen
that is capable of connecting to a cellular network or the Internet.
(2) "Explicit material" means visual material
depicting:
(A) the intimate parts of a person, as defined by
Section 21.16, Penal Code;
(B) sexual conduct, as defined by Section 21.16,
Penal Code; or
(C) simulated sexual conduct, as defined by
Section 21.16, Penal Code.
(3) "Filter" means software installed on an electronic
device that is capable of preventing the device from accessing or
displaying explicit material.
(4) "Marker" means software installed on an electronic
device that is capable of alerting websites and applications of the
owner or user's age.
(5) "Minor" means a person younger than 18 years of
age.
Sec. 121.002. APPLICABILITY. This chapter does not apply
to:
(1) a telecommunications provider who activates an
electronic device on behalf of a user; or
(2) a retailer who sells an electronic device to a
user.
Sec. 121.003. ELECTRONIC DEVICE MARKER REQUIRED. (a) To
the extent possible, a manufacturer of electronic devices shall
enable on each electronic device in this state or device associated
with a user account in this state a process that allows the owner or
user to activate an electronic device marker.
(b) A marker described by Subsection (a), when enabled, must
notify a website or application accessed by the device that the
device is being used by a minor.
Sec. 121.004. ELECTRONIC DEVICE FILTER REQUIRED. (a) A
manufacturer of electronic devices shall automatically enable a
filter on an electronic device that is activated in this state.
(b) A filter described by Subsection (a), when enabled,
must:
(1) prevent a minor user from publicly sharing the
minor's location;
(2) prevent a minor user from accessing, downloading,
or displaying explicit material through use of:
(A) a mobile data network;
(B) an Internet network, including Wi-Fi; or
(C) a software application owned and controlled
by the manufacturer of the electronic device;
(3) notify the user of the electronic device when the
filter prevents the device from accessing or displaying explicit
material;
(4) allow the user of the electronic device or a minor
user's parent or guardian to circumvent the filter by entering a
password or access code; and
(5) reasonably prevent a user of the electronic device
from circumventing, modifying, removing, or uninstalling the
filter without entering a password or access code.
SECTION 4. Section 32.104, Education Code, is amended to
read as follows:
Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before
transferring data processing equipment or an electronic device to a
student, a school district or open-enrollment charter school must:
(1) adopt rules governing transfers under this
subchapter, including provisions for technical assistance to the
student by the district or school;
(2) determine that the transfer serves a public
purpose and benefits the district or school;
(3) remove from the equipment any offensive,
confidential, or proprietary information, as determined by the
district or school;
(4) adopt rules establishing programs promoting
parents as partners in cybersecurity and online safety that involve
parents in students' use of transferred equipment or electronic
devices; and
(5) for the transfer of an electronic device to be used
for an educational purpose, install an Internet filter that blocks
and prohibits:
(A) pornographic or obscene materials or
applications, including from unsolicited pop-ups, installations,
and downloads; and
(B) social media platforms, as defined by Section
120.001, Business & Commerce Code.
SECTION 5. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.0232 and 38.0233 to read as follows:
Sec. 38.0232. ACCESS TO CERTAIN INTERNET CONTENT
PROHIBITED. A school district or open-enrollment charter school
shall adopt rules and procedures to block and prohibit access to
certain content via the school's Internet network. The rules and
procedures adopted must prohibit student access to:
(1) social media websites or applications;
(2) pornographic or obscene materials; and
(3) content considered harmful to minors by the school
district or open-enrollment charter school.
Sec. 38.0233. PROHIBITED USE OF SMART DEVICES DURING
INSTRUCTIONAL TIME. (a) In this section, "smart device" means a
cell phone or wearable device that:
(1) is capable of connecting to a cellular network or
the Internet; or
(2) is capable of serving as a camera.
(b) Notwithstanding Section 38.0231, the board of trustees
of a school district or the governing body of an open-enrollment
charter school shall adopt a policy prohibiting a student in the
district or school from using a smart device during instructional
time.
SECTION 6. 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 7. Not later than January 1, 2026, each
manufacturer of electronic devices, to the extent possible, shall
implement a software update to automatically enable an electronic
device marker and an electronic device filter on an electronic
device in this state or a device associated with a user account for
a user in this state, as required by Chapter 121, Business &
Commerce Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2025.