88R5545 JES-D
 
  By: Shaheen H.B. No. 1181
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restricting access to pornographic materials on certain
  websites and creating civil liability for certain actions that
  allow children to access pornographic materials.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 129B to read as follows:
  CHAPTER 129B.  LIABILITY FOR ALLOWING CHILDREN TO ACCESS
  PORNOGRAPHIC MATERIAL
         Sec. 129B.001.  DEFINITION.  In this chapter, "pornographic
  material" means an image, video, or other means of visual display
  depicting actual or simulated sexual intercourse, deviate sexual
  intercourse, sexual bestiality, masturbation, sadomasochistic
  abuse, or lewd exhibition of the genitals, the anus, or any portion
  of the female breast below the top of the areola.
         Sec. 129B.002.  LIABILITY FOR OWNERS OF INTERNET WEBSITES.
  (a)  In this section, "organization" has the meaning assigned by
  Section 1.002, Business Organizations Code.
         (b)  An organization that owns an Internet website,
  including an organization that owns a social media Internet
  website, must include a mechanism on the website that prevents a
  user from accessing pornographic material on the website unless the
  user verifies that the user is 13 years of age or older.
         (c)  An organization may be held liable for damages if the
  organization does not include a mechanism described by Subsection
  (b) on the organization's Internet website.
         Sec. 129B.003.  LIABILITY FOR PERSONS WHO UPLOAD
  PORNOGRAPHIC MATERIAL. A person who uploads pornographic material
  to an Internet website may be held liable for damages if an
  individual younger than 13 years of age accesses the material on the
  website.
         SECTION 2.  Chapter 129B, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.