HB 212 — Prohibiting use of social media platforms by certain min

90R393 MLH-F By: Patterson H.B. No. 212 relating to prohibiting use of social media platforms by certain minors.

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.