HB3862 - Relating to prohibiting use of social media platforms by children.

      By: Hunter H.B. No. 3862     Substitute the following for H.B. No. 3862:     By:  Button C.S.H.B. No. 3862       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.  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.     APPLICABILITY OF SUBCHAPTER.   Notwithstanding Section 120.002(b), this subchapter applies to any   social media platform that operates in this state.           Sec.   120.113.     USE BY CHILDREN PROHIBITED. A child may not   use a social media platform.           Sec.   120.114.     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 shall verify the age of an   individual as required under Subsection (a) using a system that   relies on government-issued identification.           (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 shall delete personal information immediately upon   completion of the age verification process.           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; or                 (3)     misuses personal information in violation of   Section 120.114(c).           (b)     A violation of this subchapter by a social media   platform is considered a deceptive trade practice under Subchapter   E, Chapter 17.          SECTION 2.  Subtitle C, Title 5, Business & Commerce Code, is   amended by adding Chapter 121 to read as follows:   CHAPTER 121. ELECTRONIC DEVICE MARKERS AND FILTERS           Sec. 121.001.  DEFINITIONS. In this chapter:                 (1)     "Electronic device" means a device with a screen   that is capable of connecting to a cellular network or the Internet.                 (2)     "Explicit material" means visual material   depicting:                       (A)     the intimate parts of a person, as defined by   Section 21.16, Penal Code;                       (B)     sexual conduct, as defined by Section 21.16,   Penal Code; or                       (C)     simulated sexual conduct, as defined by   Section 21.16, Penal Code.                 (3)     "Filter" means software installed on an electronic   device that is capable of preventing the device from accessing or   displaying explicit material.                 (4)     "Marker" means software installed on an electronic   device that is capable of alerting websites and applications of the   owner's or user's age.                 (5)     "Minor" means a person younger than 18 years of   age.           Sec.   121.002.     APPLICABILITY. This chapter does not apply   to:                 (1)     a telecommunications provider who activates an   electronic device on behalf of a user; or                 (2)     a retailer who sells an electronic device to a   user.           Sec.   121.003.     ELECTRONIC DEVICE MARKER REQUIRED. (a) To   the extent possible, a manufacturer of electronic devices shall   enable on each electronic device in this state or device associated   with a user account in this state a process that allows the owner or   user to activate an electronic device marker.           (b)     A marker described by Subsection (a), when enabled, must   notify a website or application accessed by the device that the   device is being used by a minor.           Sec.   121.004.     ELECTRONIC DEVICE FILTER REQUIRED. (a) A   manufacturer of electronic devices shall automatically enable a   filter on an electronic device that is activated in this state.           (b)     A filter described by Subsection (a), when enabled,   must:                 (1)     prevent a minor user from publicly sharing the   minor's location;                 (2)     prevent a minor user from accessing, downloading,   or displaying explicit material through use of:                       (A)  a mobile data network;                       (B)  an Internet network, including Wi-Fi; or                       (C)     a software application owned and controlled   by the manufacturer of the electronic device;                 (3)     notify the user of the electronic device when the   filter prevents the device from accessing or displaying explicit   material;                 (4)     allow the user of the electronic device or a minor   user's parent or guardian to circumvent the filter by entering a   password or access code; and                 (5)     reasonably prevent a user of the electronic device   from circumventing, modifying, removing, or uninstalling the   filter without entering a password or access code.          SECTION 3.  Section 32.104, Education Code, is amended to   read as follows:          Sec. 32.104.  REQUIREMENTS FOR TRANSFER. Before   transferring data processing equipment or an electronic device to a   student, a school district or open-enrollment charter school must:                (1)  adopt rules governing transfers under this   subchapter, including provisions for technical assistance to the   student by the district or school;                (2)  determine that the transfer serves a public   purpose and benefits the district or school;                (3)  remove from the equipment any offensive,   confidential, or proprietary information, as determined by the   district or school;                (4)  adopt rules establishing programs promoting   parents as partners in cybersecurity and online safety that involve   parents in students' use of transferred equipment or electronic   devices; and                (5)  for the transfer of an electronic device to be used   for an educational purpose, install an Internet filter that blocks   and prohibits :                       (A)   pornographic or obscene materials or   applications, including from unsolicited pop-ups, installations,   and downloads ; and                       (B)     social media platforms, as defined by Section   120.001, Business & Commerce Code .          SECTION 4.  Subchapter A, Chapter 38, Education Code, is   amended by adding Sections 38.0232 and 38.0233 to read as follows:           Sec.   38.0232.     ACCESS TO CERTAIN INTERNET CONTENT   PROHIBITED. A school district or open-enrollment charter school   shall adopt rules and procedures to block and prohibit access to   certain content via the school's Internet network. The rules and   procedures adopted must prohibit student access to:                 (1)  social media websites or applications;                 (2)  pornographic or obscene materials; and                 (3)     content considered harmful to minors by the school   district or open-enrollment charter school.           Sec.   38.0233.     PROHIBITED USE OF SMART DEVICES DURING SCHOOL   DAY. (a) In this section, "smart device" means a cell phone or   wearable device that:                 (1)     is capable of connecting to a cellular network or   the Internet; or                 (2)  is capable of serving as a camera.           (b)     Notwithstanding Section 38.0231, the board of trustees   of a school district or the governing body of an open-enrollment   charter school shall adopt a policy prohibiting a student in the   district or school from using a smart device during the school day.          SECTION 5.  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 6.  Not later than January 1, 2026, each   manufacturer of electronic devices, to the extent possible, shall   implement a software update to automatically enable an electronic   device marker and an electronic device filter on an electronic   device in this state or a device associated with a user account for   a user in this state, as required by Chapter 121, Business &   Commerce Code, as added by this Act.          SECTION 7.  This Act takes effect September 1, 2025.