HB186 - Relating to prohibiting use of social media platforms by children.

      By: Patterson, et al. H.B. No. 186         (Senate Sponsor - Hinojosa of Nueces)          (In the Senate - Received from the House April 30, 2025;   May 5, 2025, read first time and referred to Committee on State   Affairs; May 23, 2025, reported favorably by the following vote:     Yeas 8, Nays 3; May 23, 2025, sent to printer.) Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to prohibiting use of social media platforms by children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 120.001(1), Business & Commerce Code, is   amended to read as follows:                (1)  "Social media platform" means an Internet website   or application that is open to the public, allows a user to create   an account, and enables users to communicate with other users for   the primary purpose of posting information, comments, messages, or   images.  The term does not include:                      (A)  an Internet service provider as defined by   Section 324.055;                      (B)  electronic mail; [ or ]                      (C)  an online service, application, or website:                            (i)  that consists primarily of news,   sports, entertainment, or other information or content that is not   user generated but is preselected by the provider; and                            (ii)  for which any chat, comments, or   interactive functionality is incidental to, directly related to, or   dependent on the provision of the content described by Subparagraph   (i) ; or                       (D)     an online service, application, or website   used primarily for the purpose of interactive gaming .          SECTION 2.  Chapter 120, Business & Commerce Code, is   amended by adding Subchapter C-1 to read as follows:   SUBCHAPTER C-1. USER AGE LIMITATION           Sec. 120.111.  DEFINITIONS.  In this subchapter:                 (1)     "Account holder"   means a resident of this state   who opens an account or creates a profile or is identified by the   social media platform by a unique identifier while using or   accessing a social media platform.                 (2)     "Child"   means an individual who is younger than 18   years of age.           Sec.   120.112.     USE BY CHILDREN PROHIBITED.   To the extent   permitted by federal law, including the Children's Online Privacy   Protection Act (15 U.S.C. Section 6501 et seq.), a child may not use   a social media platform.           Sec.   120.113.     ACCOUNT AND VERIFICATION REQUIREMENTS. (a)     A social media platform shall:                 (1)     prohibit a child from entering into a contract   with the social media platform to become an account holder; and                 (2)     verify that a person seeking to become an account   holder is 18 years of age or older before accepting the person as an   account holder.           (b)     A social media platform must use a commercially   reasonable method that relies on public or private transactional   data to verify the age of an individual as required under Subsection   (a).           (c)     Personal information obtained under Subsection (b) may   only be used for age verification purposes and may not be retained,   used, transmitted, or otherwise conveyed, regardless of whether   consideration is given for the information.   The social media   company must delete personal information immediately upon   completion of the age verification process.           Sec.   120.114.     REQUIRED REMOVAL OF ACCOUNT. (a)   Not later   than the 10th day after receiving a request from a parent or   guardian verified by a social media company under Section 509.101,   the company shall delete the account of the parent's or guardian's   child and cease the further use or maintenance in retrievable form,   or future online collection, of personal information collected from   the child's account, on all of its platforms.           (b)     A social media company must provide a reasonable,   accessible, and verifiable means by which a parent or guardian may   make a request under Subsection (a).           Sec.   120.115.     ENFORCEMENT.   (a)   A social media company   violates this subchapter if the company knowingly:                 (1)     fails to verify a person's age before accepting the   person as an account holder;                 (2)  allows a child to use its platform;                 (3)     misuses personal information in violation of   Section 120.113(c); or                 (4)     fails to remove an account as required by Section   120.114.           (b)     A violation of this subchapter by a social media   platform is considered a deceptive trade practice under Chapter 17   and subject to action by the consumer protection division of the   attorney general's office under Sections 17.47, 17.58, 17.60, and   17.61.          SECTION 3.  Subchapter C-1, Chapter 120, Business & Commerce   Code, as added by this Act, applies only to access to a social media   platform on or after January 1, 2026.          SECTION 4.  This Act takes effect September 1, 2025.     * * * * *