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A BILL TO BE ENTITLED
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AN ACT
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relating to parental controls and filters for certain explicit |
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material on electronic devices; 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 AND PARENTAL CONTROLS |
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SUBCHAPTER A. ELECTRONIC DEVICE FILTER AND PARENTAL CONTROL |
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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 device with a screen |
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that is capable of connecting to a cellular network or the 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 or holds a patent for an electronic device; 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; and |
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(B) 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. APPLICABILITY. This chapter does not apply |
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to a telecommunications provider who activates an electronic device |
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on behalf of a user. |
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Sec. 121.003. 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 or a minor |
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user's parent or guardian to circumvent the filter by entering a |
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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. 121.004. PARENTAL CONTROLS REQUIRED. (a) A |
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manufacturer shall provide parental controls on an electronic |
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device that is activated in this state. |
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(b) Parental controls described by Subsection (a), when |
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enabled, must allow a minor's parent or guardian to: |
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(1) limit the amount of time the minor user uses the |
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electronic device; |
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(2) manage the minor's ability to download and use |
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certain applications; and |
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(3) monitor the location of the electronic device. |
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Sec. 121.005. 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 121.003; 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 manufacturer violates this chapter if: |
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(1) the manufacturer manufactures an electronic |
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device that is activated in this state; and |
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(2) the device does not have parental controls that |
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meet the requirements of Section 121.004. |
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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 121.003. |
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SUBCHAPTER B. ENFORCEMENT |
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Sec. 121.051. CIVIL PENALTY. (a) A manufacturer that |
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violates Section 121.005(a) or (b) is liable to this state for a |
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civil 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. OTHER ACTION BY ATTORNEY GENERAL. 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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SECTION 2. Not later than January 1, 2026, each |
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manufacturer shall implement a software update to automatically |
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enable an electronic device filter on an electronic device in this |
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state or a device associated with a user account for a user in this |
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state, as required by this Act. |
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SECTION 3. This Act takes effect January 1, 2026. |