7 | 3 | | |
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8 | 4 | | |
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9 | 5 | | |
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10 | 6 | | |
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11 | 7 | | A BILL TO BE ENTITLED |
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12 | 8 | | AN ACT |
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13 | 9 | | relating to the access and communications settings for accounts of |
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14 | 10 | | minor users of digital services. |
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15 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 12 | | SECTION 1. Subchapter B, Chapter 509, Business & Commerce |
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17 | 13 | | Code, as added by Chapter 795 (H.B. 18), Acts of the 88th |
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18 | 14 | | Legislature, Regular Session, 2023, is amended by adding Section |
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19 | 15 | | 509.0525 to read as follows: |
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20 | 16 | | Sec. 509.0525. ACCESS AND COMMUNICATIONS SETTINGS FOR |
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21 | 17 | | ACCOUNTS OF KNOWN MINORS. (a) A digital service provider shall |
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22 | 18 | | create access and communications controls for user accounts of |
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23 | 19 | | known minor users of the digital service in accordance with this |
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24 | 20 | | section. |
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25 | 21 | | (b) The initial default settings for the account of a known |
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26 | 22 | | minor user of a digital service must be set to: |
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27 | 23 | | (1) limit the amount of time spent using the service to |
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28 | 24 | | one hour each day; |
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29 | 25 | | (2) prohibit unsolicited messages or communications |
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30 | 26 | | from unknown users; |
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31 | 27 | | (3) prohibit any comments, likes, or reactions to |
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32 | 28 | | content posted by a known minor user; |
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33 | 29 | | (4) prohibit the public display of a known minor user's |
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34 | 30 | | list of friends, contacts, or followers; and |
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35 | 31 | | (5) prohibit the use of algorithms to automate the |
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36 | 32 | | suggestion, promotion, or ranking of information or content on the |
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37 | 33 | | digital service. |
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38 | 34 | | (c) A verified parent of a known minor may use parental |
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39 | 35 | | tools created under Section 509.054 to change the access and |
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40 | 36 | | communications settings on the minor's user account at any time. |
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41 | 37 | | SECTION 2. Section 509.054(b), Business & Commerce Code, as |
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42 | 38 | | added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, |
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43 | 39 | | Regular Session, 2023, is amended to read as follows: |
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44 | 40 | | (b) Parental tools under this section must allow a verified |
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45 | 41 | | parent to: |
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46 | 42 | | (1) control the known minor's privacy and account |
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47 | 43 | | settings, including changing the default access and communications |
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48 | 44 | | settings on the account under Section 509.0525; |
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49 | 45 | | (2) alter the duties of a digital service provider |
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50 | 46 | | under Section 509.052 with regard to the verified parent's known |
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51 | 47 | | minor; |
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52 | 48 | | (3) if the verified parent alters the duty of a digital |
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53 | 49 | | service provider under Section 509.052(2)(A), restrict the ability |
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54 | 50 | | of the verified parent's known minor to make purchases or engage in |
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55 | 51 | | financial transactions; and |
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56 | 52 | | (4) monitor and limit the amount of time the verified |
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57 | 53 | | parent's known minor spends using the digital service. |
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58 | 54 | | SECTION 3. Section 509.056, Business & Commerce Code, as |
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59 | 55 | | added by Chapter 795 (H.B. 18), Acts of the 88th Legislature, |
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60 | 56 | | Regular Session, 2023, is amended to read as follows: |
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61 | 57 | | Sec. 509.056. USE OF ALGORITHMS. Except where the use of |
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62 | 58 | | algorithms is prohibited under Section 509.0525, a [A] digital |
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63 | 59 | | service provider that uses algorithms to automate the suggestion, |
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64 | 60 | | promotion, or ranking of information to known minors on the digital |
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65 | 61 | | service shall: |
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66 | 62 | | (1) make a commercially reasonable effort to ensure |
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67 | 63 | | that the algorithm does not interfere with the digital service |
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68 | 64 | | provider's duties under Section 509.053; and |
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69 | 65 | | (2) disclose in the digital service provider's terms |
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70 | 66 | | of service, privacy policy, or similar document, in a clear and |
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71 | 67 | | accessible manner, an overview of: |
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72 | 68 | | (A) the manner in which the digital service uses |
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73 | 69 | | algorithms to provide information or content; |
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74 | 70 | | (B) the manner in which algorithms promote, rank, |
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75 | 71 | | or filter information or content; and |
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76 | 72 | | (C) the personal identifying information used as |
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77 | 73 | | inputs to provide information or content. |
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78 | 74 | | SECTION 4. (a) Except as provided by Subsection (b) of this |
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79 | 75 | | section, Section 509.0525, Business & Commerce Code, as added by |
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80 | 76 | | this Act, applies to accounts created on digital services on or |
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81 | 77 | | after the effective date of this Act. |
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82 | 78 | | (b) Digital service providers shall ensure accounts created |
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83 | 79 | | on digital services before the effective date of this Act comply |
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84 | 80 | | with Section 509.0525, Business & Commerce Code, as added by this |
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85 | 81 | | Act, not later than January 1, 2026. |
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86 | 82 | | SECTION 5. This Act takes effect September 1, 2025. |
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