Texas Business and Commerce Code 509.051 – Digital Service Provider Duty to Register Age of User
Current as of: 2024 | Check for updates
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(a) A digital service provider may not enter into an agreement with a person to create an account with a digital service unless the person has registered the person’s age with the digital service provider.
(b) A person who registers the person’s age as younger than 18 years of age is considered to be a known minor to the digital service provider until after the person’s 18th birthday.
Terms Used In Texas Business and Commerce Code 509.051
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A digital service provider may not allow a person who registers the person’s age to alter the person’s registered age, unless the alteration process involves a commercially reasonable review process.
(d) A minor is considered to be a known minor to a digital service provider if:
(1) the minor registers the minor’s age under § 509.051 as younger than 18 years of age; or
(2) the minor’s parent or guardian, including a verified parent:
(A) notifies a digital service provider that the minor is younger than 18 years of age;
(B) successfully disputes the registered age of the minor; or
(C) performs another function of a parent or guardian under this chapter.
(e) If a minor is a known minor, or if the minor’s parent or guardian, including a verified parent, takes an action under Subsection (a), a digital service provider:
(1) is considered to have actual knowledge that the minor is younger than 18 years of age; and
(2) shall treat the minor as a known minor under this chapter.
Text of section effective on September 01, 2024