| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to electronic device filters for certain obsene materials; |
|
|
providing a civil penalty; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
|
|
amended by adding Chapter 121 to read as follows: |
|
|
CHAPTER 121. ELECTRONIC DEVICE FILTERS |
|
|
SUBCHAPTER A. ELECTRONIC DEVICE FILTER REQUIREMENTS |
|
|
Sec. 121.001. DEFINITIONS. In this chapter: |
|
|
(1) "Activate" means the process of powering on a |
|
|
device and associating the device with a new user account. |
|
|
(2) "Device" means a tablet or smartphone manufactured |
|
|
on or after January 1, 2026. |
|
|
(3) "Filter" means generally accepted and |
|
|
commercially reasonable software used on a device that is capable |
|
|
of preventing the device from accessing or displaying obscene |
|
|
material through Internet browsers or search engines owned or |
|
|
controlled by the manufacturer, in accordance with prevailing |
|
|
industry standards, including blocking known websites linked to |
|
|
obscene content through mobile data networks, wired Internet |
|
|
networks, and wireless Internet networks. |
|
|
(4) "Internet" means the largest nonproprietary |
|
|
nonprofit cooperative public computer network, popularly known as |
|
|
the Internet. |
|
|
(5) "Manufacturer" means a person that: |
|
|
(A) is engaged in the business of manufacturing a |
|
|
device or holds a patent for a device or for the operating system on |
|
|
a device; and |
|
|
(B) maintains a registered agent under Section |
|
|
5.201, Business Organizations Code. |
|
|
(6) "Minor" means a person younger than 18 years of age |
|
|
who: |
|
|
(A) has never been married; |
|
|
(B) is not a member of the United States armed |
|
|
forces; and |
|
|
(C) has not had the disabilities of minority |
|
|
removed for general purposes. |
|
|
(7) "Obscene" has the meaning assigned by Section |
|
|
43.21, Penal Code. |
|
|
(8) "Operating system" means software that manages all |
|
|
of the other application programs on a device. |
|
|
(9) "Password" means a string of characters or other |
|
|
secure method used to enable, deactivate, modify, or uninstall a |
|
|
filter on a device. |
|
|
(10) "Retailer" means a person that: |
|
|
(A) sells a device directly to consumers, |
|
|
including an employee of a retailer acting in the course and scope |
|
|
of the employee's employment; and |
|
|
(B) is not a manufacturer. |
|
|
(11) "Smartphone" means an electronic device that |
|
|
combines a cell phone with a handheld computer, typically offering |
|
|
Internet access through a browser or search engine, data storage, |
|
|
text, and e-mail capabilities. |
|
|
(12) "Tablet" means a mobile device equipped with a |
|
|
mobile operating system, a touchscreen display, a rechargeable |
|
|
battery, and the ability to support access to a cellular network. |
|
|
Sec. 121.002. APPLICABILITY. This chapter does not apply |
|
|
to: |
|
|
(1) a telecommunications provider who activates a |
|
|
device on behalf of a user; or |
|
|
(2) a retailer who sells a device to a user. |
|
|
Sec. 121.003. ELECTRONIC DEVICE FILTER REQUIRED. A |
|
|
manufacturer shall enable on each device activated in this state a |
|
|
process that: |
|
|
(1) determines the age of the user of the device during |
|
|
the activation and account setup process; |
|
|
(2) if the user of the device is a minor, automatically |
|
|
enables a filter on the device; |
|
|
(3) notifies the user of the device when the filter |
|
|
prevents the device from accessing or displaying obscene material; |
|
|
and |
|
|
(4) allows a minor user's parent or guardian to set and |
|
|
use a password to enable or disable the filter at any time. |
|
|
Sec. 121.004. VIOLATION. (a) A manufacturer violates this |
|
|
chapter if: |
|
|
(1) the manufacturer manufactures a device that is |
|
|
activated in this state; |
|
|
(2) the device does not automatically enable a filter |
|
|
as required by Section 121.003; and |
|
|
(3) a minor user accesses obscene material on the |
|
|
device. |
|
|
(b) A person violates this chapter if: |
|
|
(1) the person: |
|
|
(A) circumvents, modifies, removes, or |
|
|
uninstalls a filter under Section 121.003 on the device of a minor |
|
|
user; or |
|
|
(B) intentionally uses a password to circumvent |
|
|
the filter on a device in the possession of a minor user; |
|
|
(2) the person is not the parent or legal guardian of |
|
|
the minor user; |
|
|
(3) the person takes the action under Subdivision (1): |
|
|
(A) without permission from the parent or legal |
|
|
guardian of the minor user; and |
|
|
(B) with knowledge that circumventing, |
|
|
modifying, removing, or uninstalling the filter may result in the |
|
|
minor user accessing obscene material; and |
|
|
(4) the minor user accesses obscene material on the |
|
|
device. |
|
|
(c) Notwithstanding Subsection (a), a manufacturer does not |
|
|
violate this chapter if the manufacturer makes a good faith effort |
|
|
to provide a device that automatically enables a filter as required |
|
|
by Section 121.003. |
|
|
SUBCHAPTER B. ENFORCEMENT |
|
|
Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who |
|
|
violates Section 121.004(a) is liable to this state for a civil |
|
|
penalty in an amount not to exceed the lesser of: |
|
|
(1) $5,000 for each violation; or |
|
|
(2) $50,000. |
|
|
(b) The attorney general may bring an action in the name of |
|
|
the state to recover a civil penalty under this section. The |
|
|
attorney general may recover attorney's fees and costs incurred in |
|
|
bringing an action under this section. |
|
|
(c) The action may be brought in a district court in: |
|
|
(1) Travis County; or |
|
|
(2) a county in which any part of the violation or |
|
|
threatened violation occurs. |
|
|
(d) The attorney general shall deposit a civil penalty |
|
|
collected under this section in the state treasury to the credit of |
|
|
the general revenue fund. |
|
|
Sec. 121.052. CIVIL ACTION AGAINST MANUFACTURER. (a) A |
|
|
parent or guardian of a minor user of a device who accesses obscene |
|
|
material on the device due to a violation of Section 121.004(a) by a |
|
|
manufacturer may bring a civil action against the manufacturer of |
|
|
the device. |
|
|
(b) A parent or guardian who brings an action under this |
|
|
section shall provide written notice of the action to the attorney |
|
|
general. |
|
|
(c) Notwithstanding Sections 41.003 and 41.004, Civil |
|
|
Practice and Remedies Code, a parent or guardian who prevails in an |
|
|
action under this section is entitled to recover: |
|
|
(1) damages, including: |
|
|
(A) actual damages; |
|
|
(B) if the court is unable to determine the |
|
|
amount of actual damages incurred, $50,000; |
|
|
(C) on a finding that the manufacturer's |
|
|
violation of Section 121.004(a) was knowing and wilful, punitive |
|
|
damages; and |
|
|
(D) nominal damages; |
|
|
(2) court costs; and |
|
|
(3) attorney's fees. |
|
|
(d) A court may certify an action brought against a |
|
|
manufacturer under this section as a class action. |
|
|
Sec. 121.053. CIVIL ACTION AGAINST NONPARENT VIOLATOR. (a) |
|
|
A parent or guardian of a minor user who accesses obscene material |
|
|
on a device due to the actions of a person in violation of Section |
|
|
121.004(b) may bring a civil action against the nonparent violator. |
|
|
(b) Notwithstanding Sections 41.003 and 41.004, Civil |
|
|
Practice and Remedies Code, a parent or guardian who prevails in an |
|
|
action under this section is entitled to recover: |
|
|
(1) damages in the amount of $1,000; |
|
|
(2) court costs; and |
|
|
(3) attorney's fees. |
|
|
(c) It shall be a defense in an action under this section |
|
|
that the nonparent violator acted at the request of the parent or |
|
|
guardian of the minor user who accessed obscene material. |
|
|
Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) In |
|
|
addition to collecting the penalty under Section 121.051, the |
|
|
attorney general may: |
|
|
(1) bring a civil action to enjoin a manufacturer from |
|
|
further violating this chapter; |
|
|
(2) issue subpoenas and conduct hearings necessary to |
|
|
enable the investigation of a manufacturer under this chapter; and |
|
|
(3) seek the revocation of any license or certificate |
|
|
authorizing the manufacturer to conduct business in this state. |
|
|
(b) The attorney general may join an action for which the |
|
|
attorney general receives notice under Section 121.052(b). |
|
|
(c) The court shall permit the attorney general to join an |
|
|
action in accordance with Subsection (b) not later than the 30th day |
|
|
after the date the attorney general receives notice of the action. |
|
|
(d) If the attorney general joins an action in accordance |
|
|
with Subsection (b), the attorney general may seek the remedies |
|
|
provided under Subsection (a) and Section 121.051. |
|
|
Sec. 121.055. OFFENSE; CRIMINAL PENALTY. (a) A person who |
|
|
violates Section 121.004(b) commits an offense. |
|
|
(b) An offense under this section is: |
|
|
(1) a Class A misdemeanor for a first offense; and |
|
|
(2) a state jail felony for a second or subsequent |
|
|
offense. |
|
|
SECTION 2. This Act takes effect January 1, 2026. |