Texas 2023 - 88th Regular

Texas House Bill HB1936 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R540 MLH-F
2	2	By: Lozano H.B. No. 1936
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electronic device filters for certain explicit
8	8	material; creating a criminal offense; providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
11	11	amended by adding Chapter 121 to read as follows:
12	12	CHAPTER 121. ELECTRONIC DEVICE FILTERS
13	13	SUBCHAPTER A. ELECTRONIC DEVICE FILTER REQUIREMENTS
14	14	Sec. 121.001. DEFINITIONS. In this chapter:
15	15	(1) "Activate" means the process of powering on an
16	16	electronic device and associating the device with a new user
17	17	account.
18	18	(2) "Electronic device" means a smart phone or tablet
19	19	that is capable of connecting to a cellular network and the
20	20	Internet.
21	21	(3) "Explicit material" means visual material
22	22	depicting:
23	23	(A) the intimate parts of a person;
24	24	(B) sexual conduct; or
25	25	(C) simulated sexual conduct.
26	26	(4) "Filter" means software installed on an electronic
27	27	device that is capable of preventing the device from accessing or
28	28	displaying explicit material.
29	29	(5) "Intimate parts" has the meaning assigned by
30	30	Section 21.16, Penal Code.
31	31	(6) "Manufacturer" means a person that:
32	32	(A) is engaged in the business of manufacturing
33	33	electronic devices; and
34	34	(B) maintains a registered agent under Section
35	35	5.201, Business Organizations Code.
36	36	(7) "Minor" means a person younger than 18 years of age
37	37	who:
38	38	(A) has never been married;
39	39	(B) is not a member of the United States military
40	40	forces; and
41	41	(C) has not had the disabilities of minority
42	42	removed for general purposes.
43	43	(8) "Sexual conduct" has the meaning assigned by
44	44	Section 21.16, Penal Code.
45	45	(9) "Simulated" has the meaning assigned by Section
46	46	21.16, Penal Code.
47	47	(10) "Visual material" has the meaning assigned by
48	48	Section 21.16, Penal Code.
49	49	Sec. 121.002. ELECTRONIC DEVICE FILTER REQUIRED. (a) A
50	50	manufacturer shall automatically enable a filter on an electronic
51	51	device that is activated in this state.
52	52	(b) A filter described by Subsection (a), when enabled,
53	53	must:
54	54	(1) prevent a minor user from accessing, downloading,
55	55	or displaying explicit material through use of:
56	56	(A) a mobile data network;
57	57	(B) an Internet network, including Wi-Fi; or
58	58	(C) a software application owned and controlled
59	59	by the manufacturer of the electronic device;
60	60	(2) notify the user of the electronic device when the
61	61	filter prevents the device from accessing or displaying explicit
62	62	material;
63	63	(3) allow the user of the electronic device to
64	64	circumvent the filter by entering a password or access code; and
65	65	(4) reasonably prevent a user of the electronic device
66	66	from circumventing, modifying, removing, or uninstalling the
67	67	filter without entering a password or access code.
68	68	Sec. 121.003. VIOLATION. (a) A manufacturer violates this
69	69	chapter if:
70	70	(1) the manufacturer manufactures an electronic
71	71	device that is activated in this state;
72	72	(2) the device does not automatically enable a filter
73	73	under Section 121.002; and
74	74	(3) a minor user accesses explicit material on the
75	75	device.
76	76	(b) A person violates this chapter if:
77	77	(1) the person circumvents, modifies, removes, or
78	78	uninstalls a filter under Section 121.002 on the electronic device
79	79	of a minor user;
80	80	(2) the person is not the parent or legal guardian of
81	81	the minor user;
82	82	(3) the person takes the action under Subdivision (1):
83	83	(A) without permission from the parent or legal
84	84	guardian of the minor user; and
85	85	(B) with knowledge that circumventing,
86	86	modifying, removing, or uninstalling the filter may result in the
87	87	minor user accessing explicit material; and
88	88	(4) the minor user accesses explicit material on the
89	89	device.
90	90	(c) Notwithstanding Subsection (a), a manufacturer does not
91	91	violate this chapter if the manufacturer makes a good faith effort
92	92	to provide an electronic device that automatically enables a filter
93	93	under Section 121.002.
94	94	SUBCHAPTER B. ENFORCEMENT
95	95	Sec. 121.051. CIVIL PENALTY. (a) A manufacturer who
96	96	violates Section 121.003(a) is liable to this state for a civil
97	97	penalty in an amount not to exceed $30,000 for each violation.
98	98	(b) The attorney general may bring an action in the name of
99	99	the state to recover a civil penalty under this section. The
100	100	attorney general may recover attorney's fees and costs incurred in
101	101	bringing an action under this section.
102	102	(c) The action may be brought in a district court in:
103	103	(1) Travis County; or
104	104	(2) a county in which any part of the violation or
105	105	threatened violation occurs.
106	106	(d) The attorney general shall deposit a civil penalty
107	107	collected under this section in the state treasury to the credit of
108	108	the general revenue fund.
109	109	Sec. 121.052. CIVIL ACTION AGAINST MANUFACTURER. (a) A
110	110	parent or guardian of a minor user of an electronic device who
111	111	accesses explicit material on the device due to the actions of a
112	112	manufacturer under Section 121.003(a) may bring a civil action
113	113	against the manufacturer of the device.
114	114	(b) A parent or guardian who brings an action under this
115	115	section shall provide written notice of the action to the attorney
116	116	general.
117	117	(c) Notwithstanding Sections 41.003 and 41.004, Civil
118	118	Practice and Remedies Code, a parent or guardian who prevails in an
119	119	action under this section is entitled to recover:
120	120	(1) damages in the amount of $10,000;
121	121	(2) court costs; and
122	122	(3) attorney's fees.
123	123	(d) A court may certify an action brought against a
124	124	manufacturer under this section as a class action.
125	125	Sec. 121.053. CIVIL ACTION AGAINST NONPARENT VIOLATOR. (a)
126	126	In this section, "nonparent violator" means a person who violates
127	127	Section 121.003(b).
128	128	(b) A parent or guardian of a minor who accesses explicit
129	129	material on an electronic device due to the actions of a nonparent
130	130	violator under Section 121.003(b) may bring a civil action against
131	131	the nonparent violator.
132	132	(c) Notwithstanding Sections 41.003 and 41.004, Civil
133	133	Practice and Remedies Code, a parent or guardian who prevails in an
134	134	action under this section is entitled to recover:
135	135	(1) damages in the amount of $1,000;
136	136	(2) court costs; and
137	137	(3) attorney's fees.
138	138	(d) It shall be a defense in an action under this section
139	139	that the nonparent violator acted at the request of the parent or
140	140	guardian of the minor user who accessed explicit material.
141	141	Sec. 121.054. OTHER ACTION BY ATTORNEY GENERAL. (a) In
142	142	addition to collecting the penalty under Section 121.051, the
143	143	attorney general may bring a civil action to enjoin a manufacturer
144	144	from further violating this chapter.
145	145	(b) The attorney general may join an action for which the
146	146	attorney general receives notice under Section 121.052(b).
147	147	(c) The court shall permit the attorney general to join an
148	148	action in accordance with Subsection (b) not later than the 30th day
149	149	after the date the attorney general receives notice of the action.
150	150	(d) If the attorney general joins an action in accordance
151	151	with Subsection (b), the attorney general may seek the remedies
152	152	provided under Subsection (a) and Section 121.051.
153	153	Sec. 121.055. OFFENSE; CRIMINAL PENALTY. (a) In this
154	154	section, "nonparent violator" has the meaning assigned by Section
155	155	121.053.
156	156	(b) A nonparent violator who violates Section 121.003(b)
157	157	commits an offense.
158	158	(c) An offense under this section is:
159	159	(1) a Class A misdemeanor for a first offense; and
160	160	(2) a state jail felony for a second or subsequent
161	161	offense.
162	162	SECTION 2. This Act takes effect September 1, 2023.