By: Hughes, Hall S.B. No. 2881
(In the Senate - Filed March 14, 2025; April 7, 2025, read
first time and referred to Committee on State Affairs;
April 15, 2025, reported favorably by the following vote: Yeas 9,
Nays 0; April 15, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the access and communications settings for accounts of
minor users of digital services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 509, Business & Commerce
Code, as added by Chapter 795 (H.B. 18), Acts of the 88th
Legislature, Regular Session, 2023, is amended by adding Section
509.0525 to read as follows:
Sec. 509.0525. ACCESS AND COMMUNICATIONS SETTINGS FOR
ACCOUNTS OF KNOWN MINORS. (a) A digital service provider shall
create access and communications controls for user accounts of
known minor users of the digital service in accordance with this
section.
(b) The initial default settings for the account of a known
minor user of a digital service must be set to:
(1) limit the amount of time spent using the service to
one hour each day;
(2) prohibit unsolicited messages or communications
from unknown users;
(3) prohibit any comments, likes, or reactions to
content posted by a known minor user;
(4) prohibit the public display of a known minor user's
list of friends, contacts, or followers; and
(5) prohibit the use of algorithms to automate the
suggestion, promotion, or ranking of information or content on the
digital service.
(c) A verified parent of a known minor may use parental
tools created under Section 509.054 to change the access and
communications settings on the minor's user account at any time.
SECTION 2. Section 509.054(b), Business & Commerce Code, as
added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(b) Parental tools under this section must allow a verified
parent to:
(1) control the known minor's privacy and account
settings, including changing the default access and communications
settings on the account under Section 509.0525;
(2) alter the duties of a digital service provider
under Section 509.052 with regard to the verified parent's known
minor;
(3) if the verified parent alters the duty of a digital
service provider under Section 509.052(2)(A), restrict the ability
of the verified parent's known minor to make purchases or engage in
financial transactions; and
(4) monitor and limit the amount of time the verified
parent's known minor spends using the digital service.
SECTION 3. Section 509.056, Business & Commerce Code, as
added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
Sec. 509.056. USE OF ALGORITHMS. Except where the use of
algorithms is prohibited under Section 509.0525, a [A] digital
service provider that uses algorithms to automate the suggestion,
promotion, or ranking of information to known minors on the digital
service shall:
(1) make a commercially reasonable effort to ensure
that the algorithm does not interfere with the digital service
provider's duties under Section 509.053; and
(2) disclose in the digital service provider's terms
of service, privacy policy, or similar document, in a clear and
accessible manner, an overview of:
(A) the manner in which the digital service uses
algorithms to provide information or content;
(B) the manner in which algorithms promote, rank,
or filter information or content; and
(C) the personal identifying information used as
inputs to provide information or content.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, Section 509.0525, Business & Commerce Code, as added by
this Act, applies to accounts created on digital services on or
after the effective date of this Act.
(b) Digital service providers shall 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. This Act takes effect September 1, 2025.
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