By: Paxton S.B. No. 3003
A BILL TO BE ENTITLED
AN ACT
relating to age verification for the online sale of obscene
devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Penal Code, is amended by adding
Section 43.29 to read as follows:
Sec. 43.29. ONLINE SALE OF OBSCENE DEVICES TO MINORS
PROHIBITED. (a) A person commits an offense if, with criminal
negligence, the person sells or delivers an obscene device online:
(1) to an individual under the age of 18; or
(2) to any person without implementing an age
verification process at the point of sale to reasonably ensure that
the purchaser is 18 years of age or older.
(b) For the purposes of this section, "age verification
process" means a commercially reasonable age verification method as
referenced under Section 129B.003 of the Civil Practices and
Remedies Code to verify a purchaser's age including, but not
limited to:
(1) the requirement to submit a government-issued
photographic identification;
(2) third-party age verification services that use
public records or other reliable sources to verify the purchaser's
identity and age; or
(3) exclusive use of payment methods that are
restricted to individuals 18 years of age of older, provided such
verification is supplemented by another age verification method.
(c) It is a defence to prosecution under this section that
the minor falsely represented themselves to be 18 years of age or
older by providing a government-issued identification card or other
documentation that:
(1) appears to be valid on its face; or
(2) the minor presents a form of identification that
is valid but was not issued to the minor.
(d) A violation of this section is a Class A Misdemeanour.
(e) A person who violates this section is also subject to a
civil penalty of an amount not to exceed $5,000 for each violation
under Chapter 43.
SECTION 2. The changes in law made by this Act apply only to
an action brought on or after the effective date of this Act. An
action brought before the effective date of this Act is governed by
the law applicable to the action immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2025.