| 7 | 5 | | |
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| 8 | 6 | | |
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| 9 | 7 | | A BILL TO BE ENTITLED |
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| 10 | 8 | | AN ACT |
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| 11 | 9 | | relating to the applicability of laws protecting minors from |
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| 12 | 10 | | harmful material on digital services. |
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| 13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 12 | | SECTION 1. Section 509.002(b), Business & Commerce Code, as |
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| 15 | 13 | | added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, |
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| 16 | 14 | | Regular Session, 2023, is amended to read as follows: |
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| 17 | 15 | | (b) This chapter does not apply to: |
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| 18 | 16 | | (1) a state agency or a political subdivision of this |
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| 19 | 17 | | state; |
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| 20 | 18 | | (2) a financial institution or data subject to Title |
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| 21 | 19 | | V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.); |
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| 22 | 20 | | (3) a covered entity or business associate governed by |
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| 23 | 21 | | the privacy, security, and breach notification rules issued by the |
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| 24 | 22 | | United States Department of Health and Human Services, 45 C.F.R. |
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| 25 | 23 | | Parts 160 and 164, established under the Health Insurance |
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| 26 | 24 | | Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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| 27 | 25 | | et seq.), and the Health Information Technology for Economic and |
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| 28 | 26 | | Clinical Health Act (Division A, Title XIII, and Division B, Title |
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| 29 | 27 | | IV, Pub. L. No. 111-5); |
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| 30 | 28 | | (4) a small business as defined by the United States |
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| 31 | 29 | | Small Business Administration on September 1, 2024; |
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| 32 | 30 | | (5) an institution of higher education or a private |
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| 33 | 31 | | school, as that term is defined by Section 5.001, Education Code; |
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| 34 | 32 | | (6) a digital service provider who processes or |
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| 35 | 33 | | maintains user data in connection with the employment, promotion, |
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| 36 | 34 | | reassignment, or retention of the user as an employee or |
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| 37 | 35 | | independent contractor, to the extent that the user's data is |
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| 38 | 36 | | processed or maintained for that purpose; |
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| 39 | 37 | | (7) an operator or provider regulated by Subchapter D, |
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| 40 | 38 | | Chapter 32, Education Code, that primarily provides education |
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| 41 | 39 | | services to students or educational institutions; |
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| 42 | 40 | | (8) a person subject to the Family Educational Rights |
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| 43 | 41 | | and Privacy Act of 1974 (20 U.S.C. Section 1232g) that: |
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| 44 | 42 | | (A) operates a digital service; and |
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| 45 | 43 | | (B) primarily provides education services to |
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| 46 | 44 | | students or educational institutions; |
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| 47 | 45 | | (9) a digital service provider's provision of a |
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| 48 | 46 | | digital service that facilitates e-mail or direct messaging |
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| 49 | 47 | | services, if the digital service facilitates only those services; |
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| 50 | 48 | | or |
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| 51 | 49 | | (10) a digital service provider's provision of a |
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| 52 | 50 | | digital service that: |
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| 53 | 51 | | (A) primarily functions to provide a user with |
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| 54 | 52 | | access to news, sports, commerce, or content primarily generated or |
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| 55 | 53 | | selected by the digital service provider; and |
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| 56 | 54 | | (B) allows chat, comment, or other interactive |
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| 57 | 55 | | functionality that is incidental to the digital service. |
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| 58 | 56 | | SECTION 2. This Act takes effect September 1, 2025. |
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