Patterson Bill Bans Social Media For Everyone Under 16

The text as introduced · 733 words

90R393 MLH-F

By: Patterson
H.B. No. 212

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting use of social media platforms by certain

minors.

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. DEFINITION. In this subchapter, "account

holder" means a person who is a resident of this state who:

(1) opens an account with or creates a profile on a

social media platform; or

(2) is assigned a unique identifier by a social media

platform that the platform uses to identify the person when the

person uses or accesses the platform.

Sec. 120.112. USE BY CERTAIN MINORS PROHIBITED. To the

extent permitted by federal law, including the Children's Online

Privacy Protection Act of 1998 (15 U.S.C. Section 6501 et seq.), an

individual who is younger than 16 years of age may not use a social

media platform.

Sec. 120.113. ACCOUNT AND VERIFICATION REQUIREMENTS. (a)

A social media platform shall:

(1) use a commercially reasonable method that relies

on public or private transactional data to verify that a person

seeking to become an account holder is not an individual who is

younger than 16 years of age before accepting the person as an

account holder; and

(2) prohibit any individual who is younger than 16

years of age from becoming an account holder with the social media

platform.

(b) A social media platform that obtains a person's personal

information for the purpose of performing the verification required

under Subsection (a):

(1) may use the personal information only for age

verification purposes;

(2) may not retain, use, transmit, or otherwise convey

the personal information, regardless of whether consideration is

given for the personal information; and

(3) shall delete the personal information immediately

upon completing the verification required under Subsection (a).

Sec. 120.114. REQUIRED REMOVAL OF ACCOUNT. (a) In this

section, "known minor," "personal identifying information," and

"verified parent" have the meanings assigned by Section 509.001.

(b) A social media platform that is a digital service

provider regulated under Chapter 509 shall provide a reasonable,

accessible, and verifiable means by which a verified parent may

request that the social media platform delete the account of the

verified parent's known minor who is younger than 16 years of age.

(c) A social media platform that is not a digital service

provider regulated under Chapter 509 shall:

(1) use a commercially reasonable method to create and

maintain a system that would comply with the requirements of

Subchapter C, Chapter 509, if those requirements applied to the

platform; and

(2) provide a reasonable, accessible, and verifiable

means by which a parent or guardian verified using the system

required under Subdivision (1) may request that the social media

platform delete the account of the parent's or guardian's related

minor who is younger than 16 years of age.

(d) A social media platform that receives a request made

under Subsection (b) or (c) regarding a known minor or related

minor, as applicable:

(1) shall delete the account of the minor not later

than the 10th day after the social media platform receives the

request; and

(2) may not, after the date on which the social media

platform deletes the minor's account:

(A) collect any additional personal identifying

information associated with the minor; or

(B) further use or retain any personal

identifying information collected from the minor's account on any

platform or service belonging to the social media platform.

Sec. 120.115. ENFORCEMENT. (a) A social media platform

violates this subchapter if the platform knowingly:

(1) fails to perform the verification required by

Section 120.113(a) before accepting a person as an account holder;

(2) allows an individual who is younger than 16 years

of age to use the platform;

(3) retains or uses personal information in violation

of Section 120.113(b); or

(4) fails to delete an account as required by Section

120.114.

(b) A violation of this subchapter by a social media

platform is a deceptive trade practice in addition to the practices

described by Subchapter E, Chapter 17, and is actionable under that

subchapter.

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, 2028.

SECTION 3. This Act takes effect September 1, 2027.