New laws in effect, including partial online privacy protections for children

(The Center Square) – Several bills that were passed by the state legislature in 2023 went into effect Sept. 1, including limiting children’s access to social media platforms.

The Securing Children Online Through Parental Empowerment Act, (SCOPE Act), which limits a minor’s access to social media platforms, partially went into effect after a federal judge blocked part of it on Friday.

The new law was designed to protect minors “from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school,” according to the bill language.

It requires online platforms to verify user’s ages, restricts them from collecting data and sharing minors’ personal information, prevents minors from engaging in financial transactions, requires content deemed harmful or obscene to be filtered, and provides parental controls for supervising their children’s online activities.

In July, tech industries sued to block it from going into effect, arguing they are preempted from such requirements under Section 230 of the Communications Decency Act. They also argue the law violates the First Amendment right to free speech.

Attorney General Ken Paxton is defending the case, arguing the state is protected by sovereign immunity and those suing don’t have standing.

U.S. District Judge Robert Pitman for the U.S. District Court for the Western District of Texas Austin Division took issue with many of Paxton’s arguments in his 38-page ruling, saying the state doesn’t have sovereign immunity and the plaintiffs do have standing. He also found that the law restricts speech and pointed out numerous problems with the law.

“In its attempt to block children from accessing harmful content, Texas also prohibits minors from participating in the democratic exchange of views online,” he said in his ruling. “Even accepting that Texas only wishes to prohibit the most harmful pieces of content, a state cannot pick and choose which categories of protected speech it wishes to block teenagers from discussing online.”

Pitman partially granted the request for a preliminary injunction, temporarily blocking part of the law from going into effect. The state is continuing to defend it as litigation continues.

Part of the law that remains in effect relates to parental controls when creating social media accounts.

Other laws that went into effect Sept. 1 relate to individuals confined in a state jail felony facility, judicial processes and the Texas Indigent Defense Commission, drug manufacturer notifications about insulin, the creation of a Texas State Buildings Preservation Endowment Fund and assistance for family violence and survivors of dating violence.

The laws went into effect after nearly 1,100 did last year, according to the Legislative Reference Library of Texas.

In January 2024, 31 bills became effective, including key property tax reform measures; funding the state’s teacher retirement system and research facilities at higher education institutions; exemptions for property taxes for childcare facilities and some medical or biomedical products; and creating multiple billion-dollar funds, like the Centennial Parks Conservation Fund.

By July 1, 2024, requirements went into effect to regulate how consumers’ personal data is collected, used and processed.

The state legislature convenes every two years for 140 days during the regular session. Some years, special legislative sessions are called by the governor to address issues that weren’t resolved during the regular session. Last year, there were four special sessions and an impeachment trial of the attorney general.

The next legislative session begins in January 2025, with many new members of the Texas House being sworn in. Texas’ first school choice bill designed to create Education Savings Accounts is expected to pass next year, partially funded by another multi-billion-dollar surplus Texas has again reported this year.