BILL ANALYSIS Senate Research Center S.B. 2881 89R11623 BCH-D By: Hughes State Affairs 4/9/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 2881 will mandate that digital service providers establish controls and default settings for known minors. The default settings for the account of a known minor must be set to limit the amount of time spent using the service to one hour each day; prohibit unsolicited messages from unknown users; prohibit comments, likes, or reactions to posted content by the minor; prohibit public display of a minor's list of friends, contacts, or followers; and prohibit the use of algorithms to show or promote content on the digital service. The default settings for the account of the known minor can be changed by a verified parent through the parental tools provided. As proposed, S.B. 2881 amends current law relating to the access and communications settings for accounts of minor users of digital services. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 509, Business & Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, by adding Section 509.0525, as follows: Sec. 509.0525. ACCESS AND COMMUNICATIONS SETTINGS FOR ACCOUNTS OF KNOWN MINORS. (a) Requires a digital service provider to create access and communications controls for user accounts of known minor users of the digital service in accordance with this section. (b) Requires that the initial default settings for the account of a known minor user of a digital service be set to limit the amount of time spent using the service to one hour each day; prohibit unsolicited messages or communications from unknown users; prohibit any comments, likes, or reactions to content posted by a known minor user; prohibit the public display of a known minor user's list of friends, contacts, or followers; and prohibit the use of algorithms to automate the suggestion, promotion, or ranking of information or content on the digital service. (c) Authorizes a verified parent of a known minor to use parental tools created under Section 509.054 (Digital Service Provider Duty to Create Parental Tools) to change the access and communications settings on the minor's user account at any time. SECTION 2. Amends Section 509.054(b), Business & Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, as follows: (b) Requires that parental tools under this section allow a verified parent to take certain actions, including controlling the known minor's privacy and account settings, including changing the default access and communications settings on the account under Section 509.0525. SECTION 3. Amends Section 509.056, Business & Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, as follows: Sec. 509.056. USE OF ALGORITHMS. Requires a digital service provider that uses algorithms to automate the suggestion, promotion, or ranking of information to known minors on the digital service, except where the use of algorithms is prohibited under Section 509.0525, to take certain actions. Makes a nonsubstantive change. SECTION 4. (a) Makes application of Section 509.0525, Business & Commerce Code, as added by this Act, except as provided by Subsection (b) of this section, prospective. (b) Requires digital service providers to ensure accounts created on digital services before the effective date of this Act comply with Section 509.0525, Business & Commerce Code, as added by this Act, not later than January 1, 2026. SECTION 5. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2881
89R11623 BCH-D By: Hughes
State Affairs
4/9/2025
As Filed
Senate Research Center
S.B. 2881
89R11623 BCH-D
By: Hughes
State Affairs
4/9/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 2881 will mandate that digital service providers establish controls and default settings for known minors.
The default settings for the account of a known minor must be set to limit the amount of time spent using the service to one hour each day; prohibit unsolicited messages from unknown users; prohibit comments, likes, or reactions to posted content by the minor; prohibit public display of a minor's list of friends, contacts, or followers; and prohibit the use of algorithms to show or promote content on the digital service.
The default settings for the account of the known minor can be changed by a verified parent through the parental tools provided.
As proposed, S.B. 2881 amends current law relating to the access and communications settings for accounts of minor users of digital services.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter B, Chapter 509, Business & Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, by adding Section 509.0525, as follows:
Sec. 509.0525. ACCESS AND COMMUNICATIONS SETTINGS FOR ACCOUNTS OF KNOWN MINORS. (a) Requires a digital service provider to create access and communications controls for user accounts of known minor users of the digital service in accordance with this section.
(b) Requires that the initial default settings for the account of a known minor user of a digital service be set to limit the amount of time spent using the service to one hour each day; prohibit unsolicited messages or communications from unknown users; prohibit any comments, likes, or reactions to content posted by a known minor user; prohibit the public display of a known minor user's list of friends, contacts, or followers; and prohibit the use of algorithms to automate the suggestion, promotion, or ranking of information or content on the digital service.
(c) Authorizes a verified parent of a known minor to use parental tools created under Section 509.054 (Digital Service Provider Duty to Create Parental Tools) to change the access and communications settings on the minor's user account at any time.
SECTION 2. Amends Section 509.054(b), Business & Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, as follows:
(b) Requires that parental tools under this section allow a verified parent to take certain actions, including controlling the known minor's privacy and account settings, including changing the default access and communications settings on the account under Section 509.0525.
SECTION 3. Amends Section 509.056, Business & Commerce Code, as added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, Regular Session, 2023, as follows:
Sec. 509.056. USE OF ALGORITHMS. Requires a digital service provider that uses algorithms to automate the suggestion, promotion, or ranking of information to known minors on the digital service, except where the use of algorithms is prohibited under Section 509.0525, to take certain actions. Makes a nonsubstantive change.
SECTION 4. (a) Makes application of Section 509.0525, Business & Commerce Code, as added by this Act, except as provided by Subsection (b) of this section, prospective.
(b) Requires digital service providers to ensure accounts created on digital services before the effective date of this Act comply with Section 509.0525, Business & Commerce Code, as added by this Act, not later than January 1, 2026.
SECTION 5. Effective date: September 1, 2025.