Relating to prohibiting use of social media platforms by children.

89(R) HB 3862 - House Committee Report version - Bill Text

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.