HB4456 - Relating to requiring social media platforms to verify the age of account holders on the platform.

  89R13746 BCH-D     By: Bhojani H.B. No. 4456       A BILL TO BE ENTITLED   AN ACT   relating to requiring social media platforms to verify the age of   account holders on the platform.          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 VERIFICATION           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.     ACCOUNT AND VERIFICATION REQUIREMENTS. (a)     A social media platform shall verify the age of a person seeking to   become an account holder 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   platform must delete personal information immediately upon   completion of the age verification process.           Sec.   120.113.     REQUESTED REMOVAL OF ACCOUNT. (a)   Not later   than the 10th day after receiving a request from a parent or   guardian verified by a social media platform under Section 509.101,   the platform 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 platform must provide a reasonable,   accessible, and verifiable means by which a parent or guardian may   make a request under Subsection (a).           Sec.   120.114.     ENFORCEMENT.   (a)   A social media platform   violates this subchapter if the platform knowingly:                 (1)     fails to verify a person's age before accepting the   person as an account holder;                 (2)     misuses personal information in violation of   Section 120.112(c); or                 (3)     fails to remove an account as required by Section   120.113.           (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 2.  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 3.  This Act takes effect September 1, 2025.