Bill Text: TX SB3003 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to age verification for the online sale of obscene devices.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2025-04-08 - Co-author authorized [SB3003 Detail]
Download: Texas-2025-SB3003-Introduced.html
| By: Paxton | S.B. No. 3003 | |
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| relating to age verification for the online sale of obscene | ||
| devices. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 43, Penal Code, is amended by adding | ||
| Section 43.29 to read as follows: | ||
| Sec. 43.29. ONLINE SALE OF OBSCENE DEVICES TO MINORS | ||
| PROHIBITED. (a) A person commits an offense if, with criminal | ||
| negligence, the person sells or delivers an obscene device online: | ||
| (1) to an individual under the age of 18; or | ||
| (2) to any person without implementing an age | ||
| verification process at the point of sale to reasonably ensure that | ||
| the purchaser is 18 years of age or older. | ||
| (b) For the purposes of this section, "age verification | ||
| process" means a commercially reasonable age verification method as | ||
| referenced under Section 129B.003 of the Civil Practices and | ||
| Remedies Code to verify a purchaser's age including, but not | ||
| limited to: | ||
| (1) the requirement to submit a government-issued | ||
| photographic identification; | ||
| (2) third-party age verification services that use | ||
| public records or other reliable sources to verify the purchaser's | ||
| identity and age; or | ||
| (3) exclusive use of payment methods that are | ||
| restricted to individuals 18 years of age of older, provided such | ||
| verification is supplemented by another age verification method. | ||
| (c) It is a defence to prosecution under this section that | ||
| the minor falsely represented themselves to be 18 years of age or | ||
| older by providing a government-issued identification card or other | ||
| documentation that: | ||
| (1) appears to be valid on its face; or | ||
| (2) the minor presents a form of identification that | ||
| is valid but was not issued to the minor. | ||
| (d) A violation of this section is a Class A Misdemeanour. | ||
| (e) A person who violates this section is also subject to a | ||
| civil penalty of an amount not to exceed $5,000 for each violation | ||
| under Chapter 43. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| an action brought on or after the effective date of this Act. An | ||
| action brought before the effective date of this Act is governed by | ||
| the law applicable to the action immediately before the effective | ||
| date of this Act, and that law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
