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A BILL TO BE ENTITLED
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AN ACT
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relating to restricting access to pornographic materials on certain |
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websites and creating civil liability for certain actions that |
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allow children to access pornographic materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 129B to read as follows: |
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CHAPTER 129B. LIABILITY FOR ALLOWING CHILDREN TO ACCESS |
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PORNOGRAPHIC MATERIAL |
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Sec. 129B.001. DEFINITION. In this chapter, "pornographic |
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material" means an image, video, or other means of visual display |
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depicting actual or simulated sexual intercourse, deviate sexual |
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intercourse, sexual bestiality, masturbation, sadomasochistic |
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abuse, or lewd exhibition of the genitals, the anus, or any portion |
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of the female breast below the top of the areola. |
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Sec. 129B.002. LIABILITY FOR OWNERS OF INTERNET WEBSITES. |
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(a) In this section, "organization" has the meaning assigned by |
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Section 1.002, Business Organizations Code. |
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(b) An organization that owns an Internet website, |
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including an organization that owns a social media Internet |
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website, must include a mechanism on the website that prevents a |
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user from accessing pornographic material on the website unless the |
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user verifies that the user is 13 years of age or older. |
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(c) An organization may be held liable for damages if the |
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organization does not include a mechanism described by Subsection |
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(b) on the organization's Internet website. |
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Sec. 129B.003. LIABILITY FOR PERSONS WHO UPLOAD |
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PORNOGRAPHIC MATERIAL. A person who uploads pornographic material |
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to an Internet website may be held liable for damages if an |
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individual younger than 13 years of age accesses the material on the |
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website. |
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SECTION 2. Chapter 129B, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |