Texas age verification law
Document capture, liveness, face match, mDL, and jurisdictional age-tier resolution. Signed webhook returns an eligibility signal.
Regulatory references
Applicable laws
- Source
Texas HB 1181 (2023) — codified at Tex. CPRC §129B
HB 1181 / Tex. CPRC §129B · 2023-09-01 · US-TX
Requires commercial entities operating websites with one-third or more sexual material harmful to minors to verify users' age before granting access. The U.S. Supreme Court affirmed the constitutionality of the age-verification requirement in Free Speech Coalition v. Paxton (2025); the age-verification provisions are firmly enforceable. Other HB 1181 provisions (notably the compelled health-warning section) remain subject to separate litigation and are not addressed here.
Texas requires age verification under HB 1181 (2023, codified at Tex. CPRC §129B) for commercial entities operating websites with one-third or more sexual material harmful to minors. The statute mandates verification using government-issued identification or commercially reasonable transactional data — not a specific verification mechanism. Document capture, liveness, and face match is one valid implementation; transactional-data signals (credit-card-issuer cross-reference, third-party identity attestations) are also valid implementations under the statute. The age-verification requirement's litigation posture: the District Court initially granted a preliminary injunction; the Fifth Circuit vacated that injunction; the U.S. Supreme Court then affirmed the constitutionality of the age-verification requirement in Free Speech Coalition v. Paxton (2025). The age-verification provisions are firmly enforceable; the compelled health-warning provisions of HB 1181 remain subject to separate litigation and are out of scope for this page.
Enforcement: the Texas Attorney General has civil-enforcement authority. Penalties under HB 1181 §129B.006 stack across three distinct provisions: (a) up to $10,000 per day the covered entity operates a website without performing the required age verification (§129B.006(b)(1)); (b) up to $10,000 per instance for retaining identifying information collected during verification in violation of §129B.002(b) (§129B.006(b)(2)); and (c) up to an additional $250,000 if a minor accesses harmful material as a result of a covered entity's failure to verify (§129B.006(b)(3)). The Texas AG has filed multiple HB 1181 enforcement actions, beginning in early 2024 (the Aylo / Pornhub action announced February 2024 and the Multi Media + Hammy Media actions announced March 2024) and continuing after the SCOTUS decision; the case docket is publicly searchable on the Office of the Attorney General's site.
Who must comply: HB 1181 covers "commercial entities" — businesses operating for commercial purposes. The one-third-or-more threshold is calculated against the website's total content volume; legacy general-purpose platforms that incidentally host adult content are typically below the threshold. Platforms that meet the threshold must implement age verification before content access; the statute applies to operators serving Texas-located users regardless of where the operator is based.
How Stile satisfies the verification side: Stile's age-verification flow produces a signed eligibility signal that meets the "reasonable age verification" standard HB 1181 requires. The default Stile implementation pairs document capture (driver's license, state ID, or US-issued mDL) with liveness and face match against the document portrait — high-confidence age verification that exceeds the statutory minimum. Operators can also configure transactional-data implementations for use cases where the user friction of document capture is a conversion concern; both shapes produce the signed audit pointer the Texas AG accepts during a compliance inquiry.
Retention is statutorily constrained. HB 1181 §129B.002(b) prohibits both covered entities and third-party verifiers (including verification vendors like Stile) from retaining identifying information after the age verification has been performed. For TX-covered flows, the operator must configure zero source-document retention; the per-session audit pointer (which contains no identifying information) remains as the compliance artifact a Texas AG inquiry receives. Stile's default delete-on-completion retention setting satisfies §129B.002(b); operators must not enable optional retention windows on TX-covered flows or both the covered entity and Stile (as third-party verifier) face the separate per-instance retention penalty under §129B.006(b)(2).
Age verification — the underlying age-tier resolution flow. Identity verification — full identity-attribute case. Digital ID verification — mDL deep dive. Texas has not yet shipped a state-issued mDL program; physical-credential capture remains the Texas verification default. Age-restricted commerce ships HB 1181-specific configuration.
FAQ
Texas compliance — buyer questions
No. HB 1181 mandates "reasonable age verification using a government-issued identification or commercially reasonable methods of age verification using public or private transactional data." The statute leaves the specific mechanism to the operator subject to the reasonable-method standard. Document capture + liveness + face match is one valid implementation; transactional-data signals (credit-card-issuer cross-reference, third-party identity attestations) are also valid implementations. Stile's default implementation is the document-based path because it produces the highest-confidence signal at the lowest user friction; operators can configure other implementations as their compliance posture calls for.
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