Privacy Law Library

Securing Children Online through Parental Empowerment (SCOPE) Act

SCOPE Act

Children · Location · Marketing

H.B. 18 (2023) requires covered social platforms to register users' ages, treat users under 18 as known minors, limit collection and sharing of minors' data, block targeted ads and precise geolocation collection for minors, and give verified parents tools and data access. The harmful-content monitoring and filtering duty (509.053) and the related algorithm duty (509.056(1)) remain preliminarily enjoined for CCIA and NetChoice; on July 24, 2026 the Fifth Circuit affirmed that injunction on Section 230 preemption grounds and vacated the broader injunction won by the SEAT plaintiffs (targeted-ads, unlawful-ads, and age-verification provisions).

Where
Texas
Citation
Tex. Bus. & Com. Code ch. 509 (509.001-509.152)
Status
In force
In force since
2024-09-01
Enforced by
Texas Attorney General, Consumer Protection Division (deceptive trade practice)
People can sue
Limited
Penalties
Violations are deceptive trade practices enforced by the attorney general under Bus. & Com. Code ch. 17 subch. E; parents of an affected known minor may sue only for declaratory or injunctive relief, not as a class (509.151-509.152).
Applies to
  • Digital service providers whose service lets users socially interact, create public or semi-public profiles, and post content viewable by others (509.002(a))
  • Any digital service provider that knowingly publishes material more than one-third of which is harmful or obscene, for the age-verification duty (509.057)
  • Excludes state agencies, GLBA and HIPAA entities, small businesses as defined by the SBA, higher education, and other listed entities (509.002(b))

What a privacy notice must say

  • Disclose in terms of service or privacy policy how algorithms promote, rank, or filter content and what personal identifying information they use.Tex. Bus. & Com. Code 509.056(2)

Rights it gives people

  • Verified parents may review, download, and delete a known minor's personal identifying information; providers must offer a request method.Tex. Bus. & Com. Code 509.103

Practices it requires

  • Unless a verified parent allows otherwise, do not share, disclose, or sell a known minor's personal identifying information, collect precise geolocation, or allow purchases.Tex. Bus. & Com. Code 509.052(2)(A)-(C)
  • Do not display targeted advertising to known minors.Tex. Bus. & Com. Code 509.052(2)(D) · Only if: Injunction for SEAT plaintiffs vacated by the Fifth Circuit on July 24, 2026; remanded
  • Implement a strategy (block lists, filtering, hash-sharing) to prevent known minors' exposure to listed harmful content.Tex. Bus. & Com. Code 509.053 · Only if: Preliminarily enjoined (W.D. Tex. Aug. 30, 2024), affirmed by the Fifth Circuit July 24, 2026 as preempted by 47 U.S.C. 230(c)(1)
  • Services with more than one-third harmful or obscene material must use commercially reasonable age verification for all users.Tex. Bus. & Com. Code 509.057 · Only if: SEAT injunction of this provision vacated by the Fifth Circuit (challenge foreclosed by precedent)
  • For known minors, limit collection and use of personal identifying information to what is reasonably necessary and to the collection purpose.Tex. Bus. & Com. Code 509.052(1)
  • Do not create an account unless the person registers an age; users registering as under 18 are known minors, and registered ages may be changed only through a commercially reasonable review.Tex. Bus. & Com. Code 509.051
  • Verify parent or guardian identity and relationship using a commercially reasonable method.Tex. Bus. & Com. Code 509.101

Other duties

  • Provide verified parents with tools to control privacy and account settings, alter default protections, restrict purchases, and limit screen time.Tex. Bus. & Com. Code 509.054

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Unverified: Current state of the remanded SEAT v. Paxton proceedings after July 24, 2026 was not checked.

Research reference, not legal advice.