Privacy Law Library

Age Verification for Websites with Sexual Material Harmful to Minors (H.B. 1181)

Texas HB 1181

Children · Artificial intelligence

Requires covered adult websites to verify that users are 18 or older using digital identification or a commercial age verification system, and bars retaining identifying information from verification. The U.S. Supreme Court upheld the age-verification requirement in Free Speech Coalition v. Paxton (June 27, 2025); the Fifth Circuit's 2024 affirmance of the injunction against the mandatory health warnings (129B.004) was not disturbed.

Where
Texas
Citation
Tex. Civ. Prac. & Rem. Code ch. 129B (129B.001-129B.006)
Status
In force
In force since
2023-09-01
Last amended
2025-09-01
Enforced by
Texas Attorney General
People can sue
No
Penalties
Up to $10,000 per day of non-compliant operation, $10,000 per instance of retaining identifying information, and up to $250,000 more if a minor accesses the material (129B.006(b)).
Applies to
  • Commercial entities that knowingly publish or distribute website material more than one-third of which is sexual material harmful to minors (129B.002(a))
  • Since Sept. 1, 2025, operators of public tools or apps that can create artificial sexual material, unless they prohibit and technically limit such generation (129B.002(a-1)-(a-2))

What a privacy notice must say

  • Display state health warnings and a federal helpline notice on the landing page and every page.Tex. Civ. Prac. & Rem. Code 129B.004 · Only if: Enjoined: injunction affirmed by the Fifth Circuit, Free Speech Coalition v. Paxton, No. 23-50627 (Mar. 7, 2024)

Practices it requires

  • Use reasonable age verification (digital identification or a commercial system using government ID or transactional data) to confirm users are 18 or older.Tex. Civ. Prac. & Rem. Code 129B.002(a), 129B.003
  • Tools for creating artificial sexual material must verify age and confirm that any person whose face or body is used is an adult who consented.Tex. Civ. Prac. & Rem. Code 129B.002(a-1), 129B.0045 · From 2025-09-01

Security duties

  • Neither the entity nor its verification vendor may retain any identifying information of the individual verified.Tex. Civ. Prac. & Rem. Code 129B.002(b)

Sources

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

Unverified: Whether any later order changed the status of the health-warning injunction after the Supreme Court's 2025 decision was not checked.

Research reference, not legal advice.