What is the SCOPE Act? New Texas Law Parents Need to Know About

A new law in Texas that effective September 1, gives parents control over how much access their children have to social media. However, a federal judge in Texas has temporarily parts of the law.

Under the Securing Children Online Through Parental Empowerment Act (SCOPE), parents or guardians in Texas have access to monitor the privacy and account settings on behalf of a minor.

A judge claims that some wording in the law is too vague.

Here’s what you need to know about the new law.

What is Texas House Bill 18?

Under Texas House Bill 18, the SCOPE Act restricts digital service providers, such as social media companies, from collecting data on minors. The SCOPE Act also requires providers to prohibit targeted advertising, require parental consent for financial transactions, and block access to content related to suicide, substance abuse and grooming.

Other key points the SCOPE Act sets out are that digital services must also prevent other harmful exposures, including:

Substance abuse and patterns of use suggestive of addiction.
Advertisements for products or services that are illegal for minors, including illegal drugs, tobacco, gambling, pornography, and alcohol.
Bullying and intimidation.
Sexual exploitation, human trafficking, abuse and child pornography.

Texas already requires age verification for adult websites after HB 1181 passed in 2023. Users must verify their age with a government-issued ID or a reasonable alternative.

Shelby Slawson, Republican Rep. from Texas and the bill’s author, said parents should have more say in what their children can view online.

“Parents will be empowered to give consent to the platforms their children interact with online,” she said.

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What are the exceptions to the SCOPE Act in Texas?

According to the Texas Attorney General’s website, the following exceptions to the SCOPE Act apply:

Government bodies;
Small businesses as defined by the Small Business Administration (SBA);
Financial institutions or data covered by Title V of the Gramm-Leach-Bliley Act; covered entities or business associates covered by federal laws such as HIPAA and the HITECH Act; and higher education institutions;
Digital service providers that process user data for the explicit purposes of employment or training services;
The facilitation of email or direct messaging services by a digital service provider, as long as the digital service only provides those services; or
The provision by a digital service provider of access to news, sports, trade or content that is primarily generated or selected by the digital service provider itself. It is also possible to chat, comment or use other interactive functionality that is part of the digital service.
Internet service providers, search engines, or cloud service providers may be exempt unless they are responsible for creating harmful material or other content as described in Section 509.053(a) of the Act. For example, if an Internet service provider, search engine, or cloud service provider merely provides Internet access or connection, allows downloads, access to software, or other service to a website, they are generally not considered actionable because they often have no control over the harmful content in question.

Texas Judge Temporarily Blocks SCOPE Act

On July 30, tech industry groups NetChoice and the CCIA filed a lawsuit to block the law, claiming it unlawfully restricts free speech. Another lawsuit was filed by a nonprofit, the Foundation for Individual Rights and Expression (FIRE). On August 30, two days before the law was to take effect, U.S. District Judge Robert Pitman partially sided with NetChoice and issued an injunction blocking the law’s monitoring and filtering requirements while the case proceeds.

According to the Houston Chronicle, Judge Pitman ruled in a 38-page order that the law was overly broad and infringed on the constitutional rights of social media companies and users. He argued that the First Amendment protects the distribution and access of content, including by minors, and that the bill would impose a burden on platforms by forcing them to monitor and moderate content in ways that violate free speech.

“The final problem for HB 18 is that the law fails to define important categories of prohibited topics, including ‘grooming,’ ‘harassment,’ and ‘substance abuse.’ At what point, for example, does alcohol consumption become ‘substance abuse?’ When does an extreme diet cross the line into an ‘eating disorder?’ What defines ‘grooming’ and ‘harassment?'” Pitman asked. “Under these indefinite meanings, it is easy to see how an attorney general could arbitrarily discriminate in enforcing the law.”

The ruling temporarily blocked enforcement of HB 18, arguing that irreparable harm could occur if the law were allowed to take effect.

What’s next for the SCOPE Act in Texas?

Judge Pitman only temporarily blocked parts of the law, meaning that some parts of the law that are meant to block data collection and impose age requirements remain in place. A court will review the bill and make a decision on the ruling.