| 1 | 1 | | 89R5079 SCR-D |
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| 2 | 2 | | By: Schatzline H.B. No. 4976 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to age verification requirements for digital service |
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| 10 | 10 | | providers. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. The heading to Section 509.051, Business & |
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| 13 | 13 | | Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th |
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| 14 | 14 | | Legislature, Regular Session, 2023, is amended to read as follows: |
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| 15 | 15 | | Sec. 509.051. DIGITAL SERVICE PROVIDER DUTY TO REGISTER AND |
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| 16 | 16 | | VERIFY AGE OF USER. |
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| 17 | 17 | | SECTION 2. Sections 509.051(a) and (b), Business & Commerce |
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| 18 | 18 | | Code, as added by Chapter 795 (H.B. 18), Acts of the 88th |
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| 19 | 19 | | Legislature, Regular Session, 2023, are amended to read as follows: |
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| 20 | 20 | | (a) A digital service provider may not enter into an |
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| 21 | 21 | | agreement with a person to create an account with a digital service |
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| 22 | 22 | | unless: |
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| 23 | 23 | | (1) the person has registered the person's age with the |
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| 24 | 24 | | digital service provider; and |
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| 25 | 25 | | (2) if the person is 18 years of age or older, the |
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| 26 | 26 | | digital service provider has verified the person's age using a |
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| 27 | 27 | | commercially reasonable age verification method. |
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| 28 | 28 | | (b) A person who registers the person's age as younger than |
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| 29 | 29 | | 18 years of age is considered to be a known minor to the digital |
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| 30 | 30 | | service provider until: |
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| 31 | 31 | | (1) on or after the person's 18th birthday; and |
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| 32 | 32 | | (2) the digital service provider verifies the person's |
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| 33 | 33 | | age using a commercially reasonable age verification method. |
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| 34 | 34 | | SECTION 3. The changes in law made by this Act apply only to |
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| 35 | 35 | | an agreement entered into on or after the effective date of this |
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| 36 | 36 | | Act. An agreement entered into before the effective date of this |
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| 37 | 37 | | Act is governed by the law as it existed immediately before the |
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| 38 | 38 | | effective date of this Act, and that law is continued in effect for |
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| 39 | 39 | | that purpose. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2025. |
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