Texas 2025 - 89th Regular

Texas Senate Bill SB2881 Compare Versions

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1-By: Hughes, Hall S.B. No. 2881
2- (In the Senate - Filed March 14, 2025; April 7, 2025, read
3- first time and referred to Committee on State Affairs;
4- April 15, 2025, reported favorably by the following vote: Yeas 9,
5- Nays 0; April 15, 2025, sent to printer.)
6-Click here to see the committee vote
1+89R11623 BCH-D
2+ By: Hughes S.B. No. 2881
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117 A BILL TO BE ENTITLED
128 AN ACT
139 relating to the access and communications settings for accounts of
1410 minor users of digital services.
1511 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1612 SECTION 1. Subchapter B, Chapter 509, Business & Commerce
1713 Code, as added by Chapter 795 (H.B. 18), Acts of the 88th
1814 Legislature, Regular Session, 2023, is amended by adding Section
1915 509.0525 to read as follows:
2016 Sec. 509.0525. ACCESS AND COMMUNICATIONS SETTINGS FOR
2117 ACCOUNTS OF KNOWN MINORS. (a) A digital service provider shall
2218 create access and communications controls for user accounts of
2319 known minor users of the digital service in accordance with this
2420 section.
2521 (b) The initial default settings for the account of a known
2622 minor user of a digital service must be set to:
2723 (1) limit the amount of time spent using the service to
2824 one hour each day;
2925 (2) prohibit unsolicited messages or communications
3026 from unknown users;
3127 (3) prohibit any comments, likes, or reactions to
3228 content posted by a known minor user;
3329 (4) prohibit the public display of a known minor user's
3430 list of friends, contacts, or followers; and
3531 (5) prohibit the use of algorithms to automate the
3632 suggestion, promotion, or ranking of information or content on the
3733 digital service.
3834 (c) A verified parent of a known minor may use parental
3935 tools created under Section 509.054 to change the access and
4036 communications settings on the minor's user account at any time.
4137 SECTION 2. Section 509.054(b), Business & Commerce Code, as
4238 added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
4339 Regular Session, 2023, is amended to read as follows:
4440 (b) Parental tools under this section must allow a verified
4541 parent to:
4642 (1) control the known minor's privacy and account
4743 settings, including changing the default access and communications
4844 settings on the account under Section 509.0525;
4945 (2) alter the duties of a digital service provider
5046 under Section 509.052 with regard to the verified parent's known
5147 minor;
5248 (3) if the verified parent alters the duty of a digital
5349 service provider under Section 509.052(2)(A), restrict the ability
5450 of the verified parent's known minor to make purchases or engage in
5551 financial transactions; and
5652 (4) monitor and limit the amount of time the verified
5753 parent's known minor spends using the digital service.
5854 SECTION 3. Section 509.056, Business & Commerce Code, as
5955 added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,
6056 Regular Session, 2023, is amended to read as follows:
6157 Sec. 509.056. USE OF ALGORITHMS. Except where the use of
6258 algorithms is prohibited under Section 509.0525, a [A] digital
6359 service provider that uses algorithms to automate the suggestion,
6460 promotion, or ranking of information to known minors on the digital
6561 service shall:
6662 (1) make a commercially reasonable effort to ensure
6763 that the algorithm does not interfere with the digital service
6864 provider's duties under Section 509.053; and
6965 (2) disclose in the digital service provider's terms
7066 of service, privacy policy, or similar document, in a clear and
7167 accessible manner, an overview of:
7268 (A) the manner in which the digital service uses
7369 algorithms to provide information or content;
7470 (B) the manner in which algorithms promote, rank,
7571 or filter information or content; and
7672 (C) the personal identifying information used as
7773 inputs to provide information or content.
7874 SECTION 4. (a) Except as provided by Subsection (b) of this
7975 section, Section 509.0525, Business & Commerce Code, as added by
8076 this Act, applies to accounts created on digital services on or
8177 after the effective date of this Act.
8278 (b) Digital service providers shall ensure accounts created
8379 on digital services before the effective date of this Act comply
8480 with Section 509.0525, Business & Commerce Code, as added by this
8581 Act, not later than January 1, 2026.
8682 SECTION 5. This Act takes effect September 1, 2025.
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