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Amend CSSB 2420 (senate committee report) as follows:
(1) In SECTION 1 of the bill, strike added Section 121.023, Business & Commerce Code (page 3, lines 3 through 13), and substitute the following:
Sec. 121.023. DISPLAY OF AGE RATING FOR SOFTWARE APPLICATION. (a) If the owner of an app store that operates in this state has a mechanism for displaying an age rating or other content notice, the owner shall:
(1) make available to users an explanation of the mechanism; and
(2) display for each software application available for download and purchase on the app store the age rating and other content notice.
(b) If the owner of an app store that operates in this state does not have a mechanism for displaying an age rating or other content notice, the owner shall display for each software application available for download and purchase on the app store:
(1) the rating under Section 121.052 assigned to the software application; and
(2) the specific content or other elements that led to the rating assigned under Section 121.052.
(c) The information displayed under this section must be clear, accurate, and conspicuous.
(2) In SECTION 1 of the bill, in added Section 121.026, Business & Commerce Code (page 3, line 33), between "VIOLATION." and "The", insert "(a)".
(3) In SECTION 1 of the bill, in added Section 121.026, Business & Commerce Code (page 3, between lines 44 and 45), insert the following:
(b) The owner of an app store is not liable for a violation of Section 121.021 or 121.022 if the owner of the app store:
(1) uses widely adopted industry standards to:
(A) verify the age of each user as required by Section 121.021; and
(B) obtain parental consent as required by Section 121.022; and
(2) applies those standards consistently and in good faith.
(4) In SECTION 1 of the bill, strike added Section 121.102, Business & Commerce Code (page 5, lines 23-27), and substitute the following:
Sec. 121.102. DECEPTIVE TRADE PRACTICE. A violation of this chapter constitutes a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under that subchapter.
(5) At the end of SECTION 1 of the bill, add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. It is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this Act, and every application of the provisions in this Act to every person, group of persons, or circumstances, is severable from each other. If any application of any provision in this Act to any person, group of persons, or circumstances is found by a court to be invalid for any reason, the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected.