SB1860 - Relating to the applicability of laws protecting minors from harmful material on digital services.

      By: Hughes S.B. No. 1860     (Patterson)           A BILL TO BE ENTITLED   AN ACT   relating to the applicability of laws protecting minors from   harmful material on digital services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 509.002(b), Business & Commerce Code, as   added by Chapter 795 (H.B. 18), Acts of the 88th Legislature,   Regular Session, 2023, is amended to read as follows:          (b)  This chapter does not apply to:                (1)  a state agency or a political subdivision of this   state;                (2)  a financial institution or data subject to Title   V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.);                (3)  a covered entity or business associate governed by   the privacy, security, and breach notification rules issued by the   United States Department of Health and Human Services, 45 C.F.R.   Parts 160 and 164, established under the Health Insurance   Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d   et seq.), and the Health Information Technology for Economic and   Clinical Health Act (Division A, Title XIII, and Division B, Title   IV, Pub. L. No. 111-5);                (4)  a small business as defined by the United States   Small Business Administration on September 1, 2024;                (5)  an institution of higher education or a private   school, as that term is defined by Section 5.001, Education Code ;                (6)  a digital service provider who processes or   maintains user data in connection with the employment, promotion,   reassignment, or retention of the user as an employee or   independent contractor, to the extent that the user's data is   processed or maintained for that purpose;                (7)  an operator or provider regulated by Subchapter D,   Chapter 32, Education Code, that primarily provides education   services to students or educational institutions;                (8)  a person subject to the Family Educational Rights   and Privacy Act of 1974 (20 U.S.C. Section 1232g) that:                      (A)  operates a digital service; and                      (B)  primarily provides education services to   students or educational institutions;                (9)  a digital service provider's provision of a   digital service that facilitates e-mail or direct messaging   services, if the digital service facilitates only those services;   or                (10)  a digital service provider's provision of a   digital service that:                      (A)  primarily functions to provide a user with   access to news, sports, commerce, or content primarily generated or   selected by the digital service provider; and                      (B)  allows chat, comment, or other interactive   functionality that is incidental to the digital service.          SECTION 2.  This Act takes effect September 1, 2025.