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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic device filters for certain explicit |
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material; creating a criminal offense; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 121 to read as follows: |
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CHAPTER 121. ELECTRONIC DEVICE FILTERS |
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SUBCHAPTER A. ELECTRONIC DEVICE FILTER REQUIREMENTS |
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Sec. 121.001. DEFINITIONS. In this chapter: |
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(1) "Activate" means the process of powering on an |
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electronic device and associating the device with a new user |
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account. |
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(2) "Electronic device" means a smart phone or tablet |
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that is capable of connecting to a cellular network and the |
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Internet. |
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(3) "Explicit material" means visual material |
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depicting: |
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(A) the intimate parts of a person; |
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(B) sexual conduct; or |
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(C) simulated sexual conduct. |
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(4) "Filter" means software installed on an electronic |
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device that is capable of preventing the device from accessing or |
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displaying explicit material. |
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(5) "Intimate parts" has the meaning assigned by |
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Section 21.16, Penal Code. |
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(6) "Manufacturer" means a person that: |
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(A) is engaged in the business of manufacturing |
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electronic devices; and |
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(B) maintains a registered agent under Section |
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5.201, Business Organizations Code. |
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(7) "Minor" means a person younger than 18 years of age |
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who: |
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(A) has never been married; |
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(B) is not a member of the United States military |
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forces; and |
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(C) has not had the disabilities of minority |
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removed for general purposes. |
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(8) "Sexual conduct" has the meaning assigned by |
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Section 21.16, Penal Code. |
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(9) "Simulated" has the meaning assigned by Section |
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21.16, Penal Code. |
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(10) "Visual material" has the meaning assigned by |
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Section 21.16, Penal Code. |
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Sec. 121.002. ELECTRONIC DEVICE FILTER REQUIRED. (a) A |
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manufacturer shall automatically enable a filter on an electronic |
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device that is activated in this state. |
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(b) A filter described by Subsection (a), when enabled, |
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must: |
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(1) prevent a minor user from accessing, downloading, |
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or displaying explicit material through use of: |
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(A) a mobile data network; |
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(B) an Internet network, including Wi-Fi; or |
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(C) a software application owned and controlled |
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by the manufacturer of the electronic device; |
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(2) notify the user of the electronic device when the |
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filter prevents the device from accessing or displaying explicit |
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material; |
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(3) allow the user of the electronic device to |
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circumvent the filter by entering a password or access code; and |
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(4) reasonably prevent a user of the electronic device |
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from circumventing, modifying, removing, or uninstalling the |
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filter without entering a password or access code. |
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Sec. 121.003. VIOLATION. (a) A manufacturer violates this |
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chapter if: |
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(1) the manufacturer manufactures an electronic |
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device that is activated in this state; |
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(2) the device does not automatically enable a filter |
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under Section 121.002; and |
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(3) a minor user accesses explicit material on the |
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device. |
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(b) A person violates this chapter if: |
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(1) the person circumvents, modifies, removes, or |
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uninstalls a filter under Section 121.002 on the electronic device |
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of a minor user; |
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(2) the person is not the parent or legal guardian of |
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the minor user; |
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(3) the person takes the action under Subdivision (1): |
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(A) without permission from the parent or legal |
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guardian of the minor user; and |
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(B) with knowledge that circumventing, |
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modifying, removing, or uninstalling the filter may result in the |
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minor user accessing explicit material; and |
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(4) the minor user accesses explicit material on the |
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device. |
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(c) Notwithstanding Subsection (a), a manufacturer does not |
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violate this chapter if the manufacturer makes a good faith effort |
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to provide an electronic device that automatically enables a filter |
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under Section 121.002. |
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SUBCHAPTER B. ENFORCEMENT |
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Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who |
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violates Section 121.003(a) is liable to this state for a civil |
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penalty in an amount not to exceed $30,000 for each violation. |
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(b) The attorney general may bring an action in the name of |
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the state to recover a civil penalty under this section. The |
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attorney general may recover attorney's fees and costs incurred in |
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bringing an action under this section. |
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(c) The action may be brought in a district court in: |
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(1) Travis County; or |
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(2) a county in which any part of the violation or |
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threatened violation occurs. |
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(d) The attorney general shall deposit a civil penalty |
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collected under this section in the state treasury to the credit of |
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the general revenue fund. |
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Sec. 121.052. CIVIL ACTION AGAINST MANUFACTURER. (a) A |
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parent or guardian of a minor user of an electronic device who |
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accesses explicit material on the device due to the actions of a |
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manufacturer under Section 121.003(a) may bring a civil action |
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against the manufacturer of the device. |
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(b) A parent or guardian who brings an action under this |
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section shall provide written notice of the action to the attorney |
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general. |
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(c) Notwithstanding Sections 41.003 and 41.004, Civil |
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Practice and Remedies Code, a parent or guardian who prevails in an |
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action under this section is entitled to recover: |
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(1) damages in the amount of $10,000; |
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(2) court costs; and |
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(3) attorney's fees. |
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(d) A court may certify an action brought against a |
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manufacturer under this section as a class action. |
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Sec. 121.053. CIVIL ACTION AGAINST NONPARENT VIOLATOR. (a) |
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In this section, "nonparent violator" means a person who violates |
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Section 121.003(b). |
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(b) A parent or guardian of a minor who accesses explicit |
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material on an electronic device due to the actions of a nonparent |
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violator under Section 121.003(b) may bring a civil action against |
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the nonparent violator. |
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(c) Notwithstanding Sections 41.003 and 41.004, Civil |
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Practice and Remedies Code, a parent or guardian who prevails in an |
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action under this section is entitled to recover: |
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(1) damages in the amount of $1,000; |
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(2) court costs; and |
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(3) attorney's fees. |
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(d) It shall be a defense in an action under this section |
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that the nonparent violator acted at the request of the parent or |
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guardian of the minor user who accessed explicit material. |
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Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) In |
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addition to collecting the penalty under Section 121.051, the |
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attorney general may bring a civil action to enjoin a manufacturer |
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from further violating this chapter. |
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(b) The attorney general may join an action for which the |
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attorney general receives notice under Section 121.052(b). |
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(c) The court shall permit the attorney general to join an |
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action in accordance with Subsection (b) not later than the 30th day |
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after the date the attorney general receives notice of the action. |
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(d) If the attorney general joins an action in accordance |
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with Subsection (b), the attorney general may seek the remedies |
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provided under Subsection (a) and Section 121.051. |
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Sec. 121.055. OFFENSE; CRIMINAL PENALTY. (a) In this |
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section, "nonparent violator" has the meaning assigned by Section |
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121.053. |
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(b) A nonparent violator who violates Section 121.003(b) |
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commits an offense. |
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(c) An offense under this section is: |
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(1) a Class A misdemeanor for a first offense; and |
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(2) a state jail felony for a second or subsequent |
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offense. |
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SECTION 2. This Act takes effect September 1, 2023. |