SB2881 - Relating to the access and communications settings for accounts of minor users of digital services.

      By: Hughes, et al. S.B. No. 2881     (Harris Davila)           A BILL TO BE ENTITLED   AN ACT   relating to the access and communications settings for accounts of   minor users of digital services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 509, Business & Commerce   Code, as added by Chapter 795 (H.B. 18), Acts of the 88th   Legislature, Regular Session, 2023, is amended by adding Section   509.0525 to read as follows:           Sec.   509.0525.     ACCESS AND COMMUNICATIONS SETTINGS FOR   ACCOUNTS OF KNOWN MINORS. (a) A digital service provider shall   create access and communications controls for user accounts of   known minor users of the digital service in accordance with this   section.           (b)     The initial default settings for the account of a known   minor user of a digital service must be set to:                 (1)     limit the amount of time spent using the service to   one hour each day;                 (2)     prohibit unsolicited messages or communications   from unknown users;                 (3)     prohibit any comments, likes, or reactions to   content posted by a known minor user;                 (4)     prohibit the public display of a known minor user's   list of friends, contacts, or followers; and                 (5)     prohibit the use of algorithms to automate the   suggestion, promotion, or ranking of information or content on the   digital service.           (c)     A verified parent of a known minor may use parental   tools created under Section 509.054 to change the access and   communications settings on the minor's user account at any time.          SECTION 2.  Section 509.054(b), Business & Commerce Code, as   added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,   Regular Session, 2023, is amended to read as follows:          (b)  Parental tools under this section must allow a verified   parent to:                (1)  control the known minor's privacy and account   settings , including changing the default access and communications   settings on the account under Section 509.0525 ;                (2)  alter the duties of a digital service provider   under Section 509.052 with regard to the verified parent's known   minor;                (3)  if the verified parent alters the duty of a digital   service provider under Section 509.052(2)(A), restrict the ability   of the verified parent's known minor to make purchases or engage in   financial transactions; and                (4)  monitor and limit the amount of time the verified   parent's known minor spends using the digital service.          SECTION 3.  Section 509.056, Business & Commerce Code, as   added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,   Regular Session, 2023, is amended to read as follows:          Sec. 509.056.  USE OF ALGORITHMS.   Except where the use of   algorithms is prohibited under Section 509.0525, a [ A ] digital   service provider that uses algorithms to automate the suggestion,   promotion, or ranking of information to known minors on the digital   service shall:                (1)  make a commercially reasonable effort to ensure   that the algorithm does not interfere with the digital service   provider's duties under Section 509.053; and                (2)  disclose in the digital service provider's terms   of service, privacy policy, or similar document, in a clear and   accessible manner, an overview of:                      (A)  the manner in which the digital service uses   algorithms to provide information or content;                      (B)  the manner in which algorithms promote, rank,   or filter information or content; and                      (C)  the personal identifying information used as   inputs to provide information or content.          SECTION 4.  (a) Except as provided by Subsection (b) of this   section, Section 509.0525, Business & Commerce Code, as added by   this Act, applies to accounts created on digital services on or   after the effective date of this Act.          (b)  Digital service providers shall ensure accounts created   on digital services before the effective date of this Act comply   with Section 509.0525, Business & Commerce Code, as added by this   Act, not later than January 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.