| 1 | 1 | | 89R13746 BCH-D |
|---|
| 2 | 2 | | By: Bhojani H.B. No. 4456 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to requiring social media platforms to verify the age of |
|---|
| 10 | 10 | | account holders on the platform. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 120, Business & Commerce Code, is |
|---|
| 13 | 13 | | amended by adding Subchapter C-1 to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER C-1. USER AGE VERIFICATION |
|---|
| 15 | 15 | | Sec. 120.111. DEFINITIONS. In this subchapter: |
|---|
| 16 | 16 | | (1) "Account holder" means a resident of this state |
|---|
| 17 | 17 | | who opens an account or creates a profile or is identified by the |
|---|
| 18 | 18 | | social media platform by a unique identifier while using or |
|---|
| 19 | 19 | | accessing a social media platform. |
|---|
| 20 | 20 | | (2) "Child" means an individual who is younger than 18 |
|---|
| 21 | 21 | | years of age. |
|---|
| 22 | 22 | | Sec. 120.112. ACCOUNT AND VERIFICATION REQUIREMENTS. (a) |
|---|
| 23 | 23 | | A social media platform shall verify the age of a person seeking to |
|---|
| 24 | 24 | | become an account holder before accepting the person as an account |
|---|
| 25 | 25 | | holder. |
|---|
| 26 | 26 | | (b) A social media platform must use a commercially |
|---|
| 27 | 27 | | reasonable method that relies on public or private transactional |
|---|
| 28 | 28 | | data to verify the age of an individual as required under Subsection |
|---|
| 29 | 29 | | (a). |
|---|
| 30 | 30 | | (c) Personal information obtained under Subsection (b) may |
|---|
| 31 | 31 | | only be used for age verification purposes and may not be retained, |
|---|
| 32 | 32 | | used, transmitted, or otherwise conveyed, regardless of whether |
|---|
| 33 | 33 | | consideration is given for the information. The social media |
|---|
| 34 | 34 | | platform must delete personal information immediately upon |
|---|
| 35 | 35 | | completion of the age verification process. |
|---|
| 36 | 36 | | Sec. 120.113. REQUESTED REMOVAL OF ACCOUNT. (a) Not later |
|---|
| 37 | 37 | | than the 10th day after receiving a request from a parent or |
|---|
| 38 | 38 | | guardian verified by a social media platform under Section 509.101, |
|---|
| 39 | 39 | | the platform shall delete the account of the parent's or guardian's |
|---|
| 40 | 40 | | child and cease the further use or maintenance in retrievable form, |
|---|
| 41 | 41 | | or future online collection, of personal information collected from |
|---|
| 42 | 42 | | the child's account, on all of its platforms. |
|---|
| 43 | 43 | | (b) A social media platform must provide a reasonable, |
|---|
| 44 | 44 | | accessible, and verifiable means by which a parent or guardian may |
|---|
| 45 | 45 | | make a request under Subsection (a). |
|---|
| 46 | 46 | | Sec. 120.114. ENFORCEMENT. (a) A social media platform |
|---|
| 47 | 47 | | violates this subchapter if the platform knowingly: |
|---|
| 48 | 48 | | (1) fails to verify a person's age before accepting the |
|---|
| 49 | 49 | | person as an account holder; |
|---|
| 50 | 50 | | (2) misuses personal information in violation of |
|---|
| 51 | 51 | | Section 120.112(c); or |
|---|
| 52 | 52 | | (3) fails to remove an account as required by Section |
|---|
| 53 | 53 | | 120.113. |
|---|
| 54 | 54 | | (b) A violation of this subchapter by a social media |
|---|
| 55 | 55 | | platform is considered a deceptive trade practice under Chapter 17 |
|---|
| 56 | 56 | | and subject to action by the consumer protection division of the |
|---|
| 57 | 57 | | attorney general's office under Sections 17.47, 17.58, 17.60, and |
|---|
| 58 | 58 | | 17.61. |
|---|
| 59 | 59 | | SECTION 2. Subchapter C-1, Chapter 120, Business & Commerce |
|---|
| 60 | 60 | | Code, as added by this Act, applies only to access to a social media |
|---|
| 61 | 61 | | platform on or after January 1, 2026. |
|---|
| 62 | 62 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|