Tracker record · Texas · Statute
Texas SCOPE Act (HB 18)
The Securing Children Online through Parental Empowerment Act requires covered digital service providers to limit the collection and use of a known minor's personal data, provide parental tools including monitoring and filtering, and restrict targeted advertising to minors. It is one of two distinct Texas minor-protection statutes alongside the App Store Accountability Act (SB 2420); the two cover different actors and must not be collapsed. Federal litigation has divided the Act's provisions by outcome. The preliminary injunction of the monitoring-and-filtering duty in section 509.053 and the related algorithm duty in section 509.056(1) was affirmed because the duty is likely preempted by Section 230 of the Communications Decency Act. The injunctions of the targeted-advertising duty in section 509.052(2)(D) and the unlawful-advertising duty in section 509.055 were vacated because the SEAT challengers lacked standing. The injunction of the age-verification duty in section 509.057 was vacated because that challenge is foreclosed by Free Speech Coalition v. Paxton. The age-registration duty in section 509.051 was never enjoined. Other provisions remain operative; the statute must not be read as either fully effective or fully unenforceable.
Status
- Legal status
- In effect except the monitoring-and-filtering duty (§509.053) and related algorithm duty (§509.056(1)), preliminarily enjoined; Fifth Circuit, July 24, 2026, Nos. 24-50721 and 25-50096 (consolidated) (Portions under federal court order; other provisions remain operative)
- Allegation or finding
- Operative law
- Applicability
- Digital services with Texas users under 18
- Enforceability
- Binding on parties within scope
- Procedural posture
- Preliminary-injunction posture, not a final merits disposition. Fifth Circuit, July 24, 2026 (Nos. 24-50721, 25-50096, consolidated): affirmed the injunction of §509.053/§509.056(1) as likely preempted by Section 230; vacated the injunctions of the targeted-ads and unlawful-ads duties on standing grounds and the age-verification injunction as foreclosed by Free Speech Coalition v. Paxton; the age-registration duty was never enjoined
- Effective date
- September 1, 2024
- Law checked through
- October 12, 2026
- Injunction or stay scope
- §509.053 (monitoring and filtering) and §509.056(1) (algorithm) remain preliminarily enjoined; the injunctions of the targeted-advertising, unlawful-advertising, and age-verification duties were vacated
- Primary-source pinpoint
- ch. 509
- Primary source
- https://tcss.legis.texas.gov/resources/BC/htm/BC.509.htm
- Citation
- Bus. & Com. Code ch. 509 (HB 18, 2023)
- Court
- U.S. Court of Appeals for the Fifth Circuit
- Docket
- Nos. 24-50721 and 25-50096 (consolidated)
- Source
- HB 18, 88th Legislature (2023)
Procedural events
- 2023-06-13: Signed as HB 18, 88th Legislature
- 2024-09-01: Operative provisions take effect
- 2026-07-24: Fifth Circuit ruling, Nos. 24-50721 and 25-50096 (consolidated): §509.053/§509.056(1) injunction affirmed as likely preempted by Section 230; targeted-ads and unlawful-ads injunctions vacated on standing grounds; age-verification injunction vacated as foreclosed by Free Speech Coalition v. Paxton