In a move drawing national attention, the Texas state legislature is advancing House Bill 581, which would require age verification for users accessing online platforms that generate or host AI-created sexual content considered harmful to minors.
The bill, introduced with bipartisan support, passed the Texas House of Representatives with broad approval, including unanimous support at the committee level. It now heads to the state Senate for further consideration.
House Bill 581 seeks to expand the scope of the state’s previous regulations, particularly House Bill 1181, passed in 2023, which mandated age verification for traditional pornography websites, by including AI-generated material under similar restrictions.
“A commercial entity that operates an Internet website with a publicly accessible tool for creating artificial sexual material harmful to minors […] shall use reasonable age verification methods to verify an individual attempting to access the tool is 18 years of age or older,” the bill’s latest version states.
Key Provisions of HB 581:
- Definition Expansion: “Artificial sexual material harmful to minors” is defined as computer-generated sexual material created or modified using AI or software, where a person’s face, likeness, or unique features are recognizable.
- Age Verification: Websites must require users to verify they are 18 or older via government-issued ID or commercial verification systems based on public or private transaction data.
- No Data Retention: Platforms or third parties conducting age verification may not retain identifying information after verification is complete.
- Source Consent: Any real person’s face or body used as a source for AI-generated material must come from someone 18 or older who has consented to such use.
- Penalties: Violations could result in civil penalties of up to $10,000 per day and up to $250,000 if minors gain access due to non-compliance.
If adopted, the legislation would take effect on September 1, 2025.
Texas lawmakers argue that the bill addresses an urgent gap in regulations as AI technology increasingly blurs the lines between real and synthetic content. Proponents of the bill point to the growing accessibility of AI tools capable of generating hyper-realistic, explicit imagery involving real or fictionalized individuals.
The adult entertainment industry, which has grappled for years with age verification and compliance challenges, is closely watching this development. Many see parallels between Texas’s approach to AI pornography and previous efforts targeting traditional adult content.
Critics of HB 581 have raised concerns about privacy, technical feasibility, and the risk of stifling innovation. However, supporters maintain that protecting minors remains the priority amid rapid technological advances.